Jacob Kovarskiy v. HHS - Tdap, shoulder injury related to vaccine administration (2023)

On January 7, 2021, Jacob Kovarskiy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on February 19, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 1, 2023, conceding that the petitioner's claim met the Table criteria for SIRVA and that the petitioner satisfied the statutory and jurisdictional requirements.

On March 13, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation.

Subsequently, on March 13, 2023, the respondent filed a proffer recommending an award of $47,500.00 for pain and suffering, which the petitioner agreed to. The public decision, also issued on March 13, 2023, by Chief Special Master Corcoran, awarded the petitioner a lump sum payment of $47,500.00 for pain and suffering.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Jamica Marie Littles of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by the petitioner.