Aklilu Keflezighi v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Aklilu Keflezighi, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2023. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on October 29, 2021.

He further alleged that the injury caused residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation. Subsequently, the parties submitted a Proffer on Award of Compensation.

The respondent proffered an award of $80,000.00 for pain and suffering and $1,075.00 for past unreimbursable expenses, which Petitioner agreed to. The Chief Special Master issued a Decision Awarding Damages, awarding Petitioner a lump sum payment of $81,075.00 for pain and suffering and past unreimbursable expenses.