Valerian Kostka v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Valerian Kostka, age 85, received an influenza vaccine on September 19, 2019. He alleged a shoulder injury related to vaccine administration (SIRVA). The Special Master found that Mr. Kostka met the criteria for a Table SIRVA. This included no prior history of left shoulder pain or dysfunction, onset of pain within 48 hours of vaccination (despite initial reports of pain starting four days later, the Special Master found this sufficient given the circumstances and consistent reporting of the vaccine as the cause), pain limited to the left shoulder, and no other condition explaining the symptoms. The injury was found to have residual effects for more than six months, with pain reported between September 24, 2019, and March 13, 2020, with mild pain levels by the latter date. A gap in physical therapy treatment was attributed to the COVID-19 pandemic. Mr. Kostka passed away from unrelated causes on December 19, 2021. The theory of causation was based on the Vaccine Injury Table for SIRVA. No specific medical experts were named in the public decision. The award was $67,500.00 as a lump sum payment to his estate, as agreed upon by the parties. The ruling on entitlement was issued on May 2, 2024, and the decision awarding damages was issued on July 11, 2024. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Lauren Kells. Chief Special Master Brian H. Corcoran presided.
Source PDFs
USCOURTS-cofc-1_21-vv-00418