Valerian Kostka v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

On January 8, 2021, Ellen M. Lucey, as personal representative of the Estate of Valerian Kostka, filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petition alleged that Mr. Kostka, who was 85 years old at the time, suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 19, 2019.

Mr. Kostka passed away on December 19, 2021, from unrelated causes including bladder cancer, chronic obstructive pulmonary disease, and type II diabetes mellitus.

The respondent, the Secretary of Health and Human Services, filed a report opposing compensation, arguing that the petitioner could not meet the "severity" requirement and that Mr. Kostka's pain did not occur within 48 hours of vaccination.

Petitioner filed a motion for a ruling on the record in favor of the claim, which respondent opposed. On May 2, 2024, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding that Mr. Kostka had established that he suffered the residual effects of his injury for more than six months and met the criteria for a Table SIRVA.

The ruling noted that Mr. Kostka had no prior history of left shoulder issues, that his pain onset was sufficiently linked to the vaccination, that the pain was limited to his left shoulder, and that no other condition explained his symptoms.

The public decision does not describe the specific onset symptoms, diagnostic studies, or treatments beyond physical therapy and steroid injections. On July 11, 2024, Chief Special Master Corcoran issued a decision awarding damages.

Based on a proffer filed by the respondent on July 2, 2024, to which the petitioner agreed, Mr. Kostka's estate was awarded a lump sum payment of $67,500.00.

Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent's counsel was Lauren Kells of the U.S.

Department of Justice.