VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00416
Package ID: USCOURTS-cofc-1_21-vv-00416
Petitioner: Peter Louvaris
Filed: 2021-09-27
Decided: 2021-10-26
Vaccine: pneumococcal polysaccharide
Vaccination date: 2020-09-06
Condition: shoulder injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Peter Louvaris filed a petition on September 27, 2021, alleging injury from a pneumococcal conjugate vaccine (Prevnar 13) administered on September 6, 2020. The respondent was the Secretary of Health and Human Services. Mr. Louvaris was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Heather L. Pearlman of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran presided over the case. Upon review of the medical records, it was determined that Mr. Louvaris had actually received a pneumococcal polysaccharide vaccine (Pneumovax-23) on September 6, 2020, not the Prevnar 13 as initially stated in the petition. The Pneumovax-23 vaccine is not covered by the National Vaccine Injury Compensation Program, while the Prevnar 13 is. Following this discovery, Chief Special Master Corcoran issued an Order to Show Cause why the case should not be dismissed because the vaccine administered was not covered by the program. On September 24, 2021, Mr. Louvaris filed a motion to dismiss his petition, confirming he received the Pneumovax-23 and understood that a dismissal would end his rights in the program. He stated it would be unreasonable to proceed with his claim. The public decision does not describe the alleged shoulder injury, its onset, symptoms, diagnostic tests, or treatments. The decision also does not name any medical experts. Chief Special Master Corcoran granted Mr. Louvaris's motion to dismiss. The Special Master reasoned that to be entitled to compensation under the Vaccine Act, a petitioner must demonstrate they received a vaccine listed in the Vaccine Injury Table. Since Mr. Louvaris received a pneumococcal polysaccharide vaccine, which is not covered by the program, he could not demonstrate he received a covered vaccine. Therefore, the petition was dismissed for failure to state a claim upon which relief could be granted. The clerk was ordered to enter judgment accordingly. The decision was issued on October 26, 2021.

Theory of causation field:
Petitioner Peter Louvaris alleged injury from a pneumococcal conjugate vaccine (Prevnar 13) administered on September 6, 2020. However, medical records indicated the vaccine received was a pneumococcal polysaccharide vaccine (Pneumovax-23). The public decision does not describe the specific shoulder injury, its onset, symptoms, diagnostic tests, treatments, or any medical experts. The theory of causation was based on the National Vaccine Injury Compensation Program's Table, but the Pneumovax-23 is not listed on the Vaccine Injury Table. Petitioner filed a motion to dismiss his petition after being issued an Order to Show Cause regarding the uncovered vaccine. Chief Special Master Brian H. Corcoran granted the motion to dismiss on October 26, 2021, finding that Petitioner failed to demonstrate he was injured by a vaccine covered under the program, thus failing to state a claim upon which relief could be granted. No award was made. Petitioner was represented by Amy A. Senerth, and Respondent by Heather L. Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00416-0
Date issued/filed: 2021-10-26
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 9/27/2021) regarding 15 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-00416-UNJ Document 20 Filed 10/26/21 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-416V
UNPUBLISHED
PETER LOUVARIS, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2021
v.
Decision on Motion to Dismiss;
SECRETARY OF HEALTH AND Uncovered Vaccines;
HUMAN SERVICES, pneuomoccocal polysaccharide
(Pneumovax-23) vaccine
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Heather L Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 8, 2021, Peter Louvaris filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleged that he suffered a shoulder injury from the
administration of a pneumococcal conjugate vaccine (Prevnar 13) on September 6,
2020. Petition at 1. However, a review of the medical records revealed that Petitioner
had actually received a pneumococcal polysaccharide vaccine (Pneumovax-23) on that
date. Exhibit 3 at 3, 5.
On September 24, 2021, Petitioner filed a motion for a decision dismissing his
petition. ECF no. 14. For the reasons set forth below, Petitioner’s motion is GRANTED,
and this claim is hereby DISMISSED.
After submitting his petition without any supporting documents, Petitioner later
filed medical records and a Statement of Completion. ECF nos. 8-9. Petitioner then
1 Although I have not formally designated this Decision for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00416-UNJ Document 20 Filed 10/26/21 Page 2 of 3
submitted additional medical records and an Amended Statement of Completion. ECF
nos. 11, 12.
After a review of the petition and medical records filed in this case, I issued an
Order to Show Cause why this case should not be dismissed as the vaccine alleged to
have caused the injury, pneumococcal polysaccharide vaccine (Pneumovax-23), is not
covered by the Vaccine Program. ECF No. 13.
On September 24, 2021, Petitioner filed a motion for a decision dismissing his
petition confirming that he did in fact receive the Pneumovax-23, which is not
compensable in the Vaccine Program, despite previously believing in good faith he had
received the Prevnar 13, which is compensable in the Vaccine Program. ECF No. 14 ¶
5. Accordingly, Petitioner stated that it would be unreasonable to proceed with his claim.
Id. ¶ 6. Petitioner further indicated that he “understands that a decision by the Chief
Special Master dismissing his petition will result in a judgment against him. Petitioner
has been advised that such a judgment will end his rights in the Vaccine Program.” Id. ¶
7.
To be entitled to compensation under the Vaccine Act, a petitioner must
demonstrate that he or she received a vaccine set forth in the Vaccine Injury Table (the
“Table”). § 11(c)(1)(A). Compensation is awarded only to individuals “who have been
injured by vaccines routinely administered to children.” H.R. Rep. 99-908, 1986
U.S.C.C.A.N. 6344 at 3.
“There are two types of pneumococcal vaccines . . . pneumococcal conjugate
and polysaccharide vaccine[s].” Bundy v. Sec’y of Health & Human Servs., No. 12-
769V, 2014 WL 348852, at *1 (Fed. Cl. Spec. Mstr. Jan. 8, 2014). Only pneumococcal
conjugate vaccines, routinely administered to children, are covered by the Vaccine
Program. See Morrison v. Sec’y of Health & Human Servs., No. 04-1683V, 2005 WL
2008245, at *1 (Fed. Cl. Spec. Mstr. July 26, 2005) (describing how and when
pneumococcal conjugate vaccines were added to the Vaccine Table); 42 C.F.R. §
300aa—14(a)(XII) (pneumococcal conjugate vaccine listed on Vaccine Table).
Petitioner received a pneumococcal polysaccharide vaccine. Exhibit 3 at 3, 5. As
such, Petitioner is unable to show that he “received a vaccine set forth in the Vaccine
Injury Table.” §11(c)(1)(A). Thus, Petitioner cannot receive compensation on a claim
based on a non-covered vaccine through the Vaccine Program, and the petition must be
dismissed. See, e.g., Cielencki v. Sec’y of Health & Human. Servs., No. 15-632V, 2015
WL 10767150, at *3 (Fed. Cl. Spec. Mstr. Dec. 22, 2015).
Petitioner has failed to demonstrate that he was injured by a vaccine covered
under the Vaccine Program. This case is dismissed for failure to state a claim upon
which relief can be granted. The clerk shall enter judgment accordingly.3
3 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2

Case 1:21-vv-00416-UNJ Document 20 Filed 10/26/21 Page 3 of 3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3