VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00722
Package ID: USCOURTS-cofc-1_21-vv-00722
Petitioner: Brad Pappalardo
Filed: 2021-01-12
Decided: 2023-08-29
Vaccine: influenza
Vaccination date: 2019-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Brad Pappalardo filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on September 23, 2019. He filed his petition on January 12, 2021. After filing medical records and a statement of completion, the case underwent Pre-Assignment Review. A scheduling order noted missing requirements, including sufficient medical records to establish the severity requirement. The severity requirement mandates evidence that the injury persisted for more than six months, caused death, or resulted in inpatient hospitalization and surgical intervention. Mr. Pappalardo did not submit additional medical records. On June 26, 2023, he filed a motion to dismiss the petition, admitting he would be unable to prove entitlement to compensation. The court found that the petitioner failed to establish entitlement to compensation because he did not submit records to support the severity requirement and admitted he could not prove entitlement. Therefore, the case was dismissed for insufficient proof.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-00722-0
Date issued/filed: 2023-08-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/3/2023) regarding 18 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-00722-UNJ Document 19 Filed 08/29/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-722V
UNPUBLISHED
BRAD PAPPALARDO, Chief Special Master Corcoran
Petitioner, Filed: August 3, 2023
v.
Motion for decision; Dismissal;
SECRETARY OF HEALTH AND Influenza Vaccine; Shoulder injury
HUMAN SERVICES, related to vaccine administration
(SIRVA)
Respondent.
Jonathan J. Svitak, Shannon Law Group, Woodridge, IL, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 12, 2021, Brad Pappalardo filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through
34,2 (the “Vaccine Act”). Petitioner alleged that he suffered a shoulder injury related to
vaccine administration (“SIRVA”) from an influenza vaccine he received on September
23, 2019. ECF No. 1.
On June 26, 2023, Petitioner filed a motion for a decision dismissing the petition.
ECF No. 17. For the reasons set forth below, Petitioner’s motion is GRANTED, and this
case is DISMISSED.
Petitioner gradually filed medical records and other required documentation and
eventually submitted a Statement of Completion on April 28, 2022. ECF No. 15.
After Pre-Assignment Review (“PAR”), a scheduling order issued on June 23,
2022, indicating that Petitioner had not filed, among other missing requirements,
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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-00722-UNJ Document 19 Filed 08/29/23 Page 2 of 2
sufficient medical records to establish severity requirement. ECF No. 16. Petitioners
must establish this requirement with evidence that the vaccine related injury (1)
persisted for more than six months, (2) caused the vaccinee’s death, or (3) resulted in
inpatient hospitalization and surgical intervention. 42 U.S.C. § 300aa—11(c)(1)(D)(i).
Petitioner did not submit any additional medical records and, on June 26, 2023,
filed a motion for a decision dismissing the petition admitting that “he will be unable to
prove that he is entitled to compensation in the Vaccine Program.” ECF No. 17 at 1.
To receive compensation under the National Vaccine Injury Compensation
Program, a petitioner must prove either 1) that the vaccinee suffered a “Table Injury” –
i.e., an injury falling within the Vaccine Injury Table – corresponding to one of the listed
vaccines, or 2) that the vaccinee suffered an injury not on the Table that was actually
caused by a listed vaccine. See §§ 300aa—13(a)(1)(A) and 11(c)(1). Petitioner alleged
a Table claim, i.e., that her shoulder injury was caused by the influenza vaccination.
Under the Vaccine Act, petitioners must satisfy various requirements, including
the severity requirement. Based on a review of the filed medical records, Petitioner has
not submitted any records to support that his shoulder injury persisted for more than six
months or that the injury resulted in inpatient hospitalization and surgical intervention.
42 U.S.C. § 300aa—11(c)(1)(D)(i). Moreover, Petitioner admitted in the motion to
dismiss that he would not be able to establish entitlement to compensation in the
Vaccine Program.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof. The clerk shall enter
judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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