VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00294
Package ID: USCOURTS-cofc-1_21-vv-00294
Petitioner: Ashok Mahbubani
Filed: 2021-01-07
Decided: 2024-04-12
Vaccine: Tdap
Vaccination date: 2020-06-11
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 83677

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00294-0
Date issued/filed: 2024-04-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/11/2024) regarding 38 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0294V
ASHOK MAHBUBANI, Chief Special Master Corcoran
Petitioner, Filed: March 11, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, Ashok Mahbubani filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On September 15, 2022, Petitioner filed an amended petition. Petitioner
alleges that he suffered a left shoulder injury related to vaccine administration (“SIRVA”)
resulting from a tetanus diphtheria acellular pertussis (“Tdap”) vaccine received on June
11, 2020. Amended Petition at 1; Stipulation, filed March 8, 2024, at ¶¶ 2-4. Petitioner
further alleges that the vaccine was administered in the United States, his symptoms
lasted longer than six months, and neither Petitioner, nor any other party, has ever
received compensation in the form of an award or settlement for his vaccine-related injury.
Amended Petition at ¶¶ 1, 13, 14; Stipulation at ¶¶ 3-5; Ex. 1. “Respondent denies that
petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s
1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§300aa (2018).

Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 2 of 7
alleged left shoulder injury or any other injury, and denies that his current condition is a
sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on March 8, 2024, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $83,677.67 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to
enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
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Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 3 of 7
IN THE UNITED STA TES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ASHOK MAHBUBANI,
Petitioner, No. 21-294V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Ashok Mahbubani ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained in
the Vaccine Injury Table (the "Table"), 42 C.F.R. § l 00.3(a).
2. Petitioner received the Tdap vaccine on June 11, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he sustained a left shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the Tdap vaccine, or in the alternative, that his alleged shoulder injury was caused or
significantly aggravated by the Tdap vaccine. He further alleges that he experienced the residual
effects of this alleged injury for more than six months.

Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a result of his alleged injury or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that his
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 J(a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $83,677.67 in the fonn of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 l(a)( 1) , and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
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Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 5 of 7
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the Tdap vaccination administered on June 11, 2020, as
alleged by petitioner in a petition for vaccine compensation filed on or about January 7, 2021, in
the United States Court of Federal Claims as petition No. 2 l-294V.
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Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner's alleged
SIRVA injury or any other injury or his current condition, or that petitioner suffered an injury
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00294-UNJ Document 42 Filed 04/12/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
~
ASHOK MAHBUBANI
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~""~- -
LAW OFFICES OF LEAH V. DURANT, Deputy Director
PLLC Torts Branch
1717 K Street NW, Suite 900 Civil Division
Washington, DC 20006 U.S. Department of Justice
Telephone: 202-775-9200 P.O. Box 146
Fax:202-652-1178 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTIIESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Je f fr ey S. Olgltally llgned ~
Mfrey s. Belch -s
Be ac h -S D 1o a - t A e: 2 2 ;5 0 , 2 i 4 > . S 02 W .2 2 for
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs TortsBnnch
Health Systems Burau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O.Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A 202-616-4179
Rockville, MD 20857 alexa.roggenkamp@usdoj.gov
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