Jason Altschuler v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2026)

Filed 2024-04-10Decided 2026-07-15Vaccine Tdap
compensated$84,605

Case summary [AI summaries can sometimes make mistakes]

Jason Altschuler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a tetanus/diphtheria/acellular pertussis (Tdap) vaccine received on April 20, 2021. Although the vaccination record indicated the vaccine was administered in his left arm, Mr.

Altschuler asserted it was given in his right arm. Six days after vaccination, he reported severe pain in his right arm, which he attributed to the Tdap vaccine.

Subsequent medical evaluations confirmed right shoulder pain, limited range of motion, and tenderness consistent with SIRVA. The parties stipulated to entitlement, and the court found that the evidence preponderantly supported a right-sided vaccine administration.

For damages, the court awarded $80,000.00 for pain and suffering and $4,605.92 for past unreimbursable expenses. The court also found Mr.

Altschuler entitled to lost wages calculated through November 26, 2021, with the specific amount to be determined by the parties.

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