Ashok Mahbubani v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Ashok Mahbubani filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccine received on June 11, 2020. He alleged that his symptoms lasted longer than six months and that he had not received prior compensation for this injury.
The respondent denied that Mr. Mahbubani sustained a SIRVA Table injury, denied that the vaccine caused his alleged left shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for settlement on March 8, 2024. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Mr.
Mahbubani was awarded a lump sum of $83,677.67, payable to him, representing compensation for all items of damages available under the Vaccine Act. The stipulation stated that this award represents a compromise of the parties' respective positions as to liability and/or amount of damages and is not an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused the alleged SIRVA injury or any other injury.
The case was resolved via stipulation, with the parties agreeing to the terms of the award without admitting liability. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC. Respondent was represented by Alexa Roggenkamp of the U.S.
Department of Justice.
Theory of causation
Petitioner Ashok Mahbubani alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccine on June 11, 2020. The public text does not specify the mechanism of injury or provide details on the onset of symptoms, medical examinations, or treatments. Respondent denied that the injury was a SIRVA Table injury or caused by the vaccine. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $83,677.67, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation stated that the award may reflect a compromise of liability and damages and is not an admission of causation. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Alexa Roggenkamp. The decision date was April 12, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00294