Tracey Kubis v. HHS - Tdap, right shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On October 28, 2024, Tracey Kubis filed a petition seeking compensation under the Vaccine Act. She alleged that a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on October 18, 2023 caused a right shoulder injury related to vaccine administration.
Respondent conceded entitlement. In the Rule 4(c) report filed June 10, 2025, respondent stated that the case was appropriate for compensation as a SIRVA Table injury.
Chief Special Master Brian H. Corcoran issued an entitlement ruling on July 8, 2025.
The public entitlement ruling is short and does not describe onset, imaging, injections, physical therapy, surgery, or work limitations beyond the conceded Table SIRVA framework. On March 17, 2026, respondent filed a damages proffer, and on March 18, 2026 the Special Master awarded $92,725.00 as a lump sum payable through counsel's IOLTA account for prompt disbursement to Ms.
Kubis. The award consisted of $92,500.00 for pain and suffering and $225.00 for past unreimbursable expenses.
Ms. Kubis was identified as a competent adult, so no guardianship evidence was required.
Theory of causation
Tdap vaccine on October 18, 2023 causing right shoulder injury related to vaccine administration (Table SIRVA). ENTITLEMENT GRANTED; COMPENSATED. Petition filed October 28, 2024. Respondent Rule 4(c) report June 10, 2025 found compensation appropriate for Table SIRVA; CSM Brian H. Corcoran granted entitlement July 8, 2025. Damages decision March 18, 2026 awarded $92,725 lump sum ($92,500 pain and suffering + $225 past unreimbursable expenses), paid via counsel IOLTA. Public source gives limited clinical detail beyond conceded Table SIRVA. Attorney: Amy A. Senerth, Muller Brazil, LLP, Dresher PA.
Source PDFs
USCOURTS-cofc-1_24-vv-01756