Sandeep Bains v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2021)

On February 25, 2020, Sandeep Bains filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Mr.

Bains alleged that he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tdap vaccine on April 23, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 16, 2021, conceding that Mr.

Bains's claim met the Table criteria for SIRVA. The respondent agreed that Mr.

Bains had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, and that the pain and reduced range of motion were limited to the injected shoulder, with no other condition explaining the symptoms. Based on this concession, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on July 19, 2021, finding Mr. Bains entitled to compensation.

Subsequently, on October 25, 2021, the respondent filed a proffer recommending an award of $45,000.00 for pain and suffering. Mr.

Bains agreed to this proffered award. On October 25, 2021, Chief Special Master Corcoran issued a decision awarding Mr.

Bains a lump sum payment of $45,000.00 for pain and suffering, payable by check to Mr. Bains.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Christine Mary Becer of the U.S.

Department of Justice.