Ashok Mahbubani v. HHS - Tdap, left shoulder injury related to vaccine administration (SIRVA) (2024)

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.