VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01529
Package ID: USCOURTS-cofc-1_22-vv-01529
Petitioner: Lisa Jarvis
Filed: 2022-10-17
Decided: 2023-02-06
Vaccine: pneumococcal polysaccharide
Vaccination date: 2021-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On October 17, 2022, Lisa Jarvis filed a petition under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a Pneumovax 23 (pneumococcal polysaccharide) vaccination received on September 24, 2021. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, or treatments received. Petitioner's counsel was Christopher E. Hultquist. Respondent's counsel was Heather L. Pearlman. On January 31, 2023, Petitioner filed a motion to dismiss her petition, stating that an investigation revealed she would be unable to prove entitlement to compensation. Petitioner's motion noted that Pneumovax 23 is a pneumococcal polysaccharide vaccine, which is not included on the Vaccine Injury Table, and therefore, an action could not be pursued in the Vaccine Program. Chief Special Master Brian H. Corcoran issued a decision on February 6, 2023, granting Petitioner's motion to dismiss. The decision explained that to receive compensation, petitioners must have received a vaccine listed on the Vaccine Injury Table, and pneumococcal polysaccharide vaccines are not covered by the program; only pneumococcal conjugate vaccines are listed. Because Ms. Jarvis received a vaccine not on the Table, she could not establish entitlement to compensation. The case was dismissed for insufficient proof that she received a vaccine set forth in the Vaccine Injury Table. The public decision does not mention any expert witnesses or specific scientific theories regarding causation. No award amount was granted as the case was dismissed.

Theory of causation field:
Petitioner Lisa Jarvis alleged a shoulder injury related to vaccine administration (SIRVA) from a Pneumovax 23 (pneumococcal polysaccharide) vaccination on September 24, 2021. The petition was filed on October 17, 2022. The case was dismissed by Chief Special Master Brian H. Corcoran on February 6, 2023, upon Petitioner's motion. The dismissal was based on the fact that pneumococcal polysaccharide vaccines, such as Pneumovax 23, are not listed on the Vaccine Injury Table, and therefore, are not covered by the National Vaccine Injury Compensation Program. Only pneumococcal conjugate vaccines are covered. Petitioner conceded she could not prove entitlement because the vaccine received was not on the Table. The public decision does not describe a specific theory of causation, expert testimony, or a mechanism of injury. No award was made.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-01529-0
Date issued/filed: 2023-03-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/6/2023) regarding 8 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:22-vv-01529-UNJ Document 9 Filed 03/03/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-1529V
UNPUBLISHED
LISA JARVIS,
Chief Special Master Corcoran
Petitioner,
v. Filed: February 6, 2023
SECRETARY OF HEALTH AND Motion for decision; Dismissal;
HUMAN SERVICES, pneumococcal polysaccharide
vaccine; shoulder injury related to
Respondent. vaccine administration (SIRVA)
Christopher E. Hultquist, Law Office of Christopher E. Hultquist, Esq., Providence, RI,
for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 17, 2022, Lisa Jarvis filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34
(the “Vaccine Act”).2 Petitioner alleges that she suffered a shoulder injury related to
vaccine administration (SIRVA) due to a Pneumovax 23 (pneumococcal
polysaccharide) vaccination she received on September 24, 2021. ECF No. 1 at 1;
exhibit 2 at 1 (vaccination record).
On January 31, 2023, Petitioner filed a motion for a decision dismissing the
petition. ECF No. 7. For the reasons set forth below, Petitioner’s motion is GRANTED,
and this case is DISMISSED.
Petitioner the vaccination record and other medical records with the petition. The
vaccination record confirmed that Petitioner had received a pneumococcal
polysaccharide vaccination. Exhibit 2 at 1. Because pneumococcal polysaccharide
vaccines are not compensable in the Vaccine Program, an order to show cause issued
on December 2, 2022, for why the case should not be dismissed. ECF No. 6.
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 1:22-vv-01529-UNJ Document 9 Filed 03/03/23 Page 2 of 2
On January 31, 2023, Petitioner filed a motion for a decision dismissing the
petition stating that:
An investigation of the facts and science supporting her case has demonstrated
to petitioner that she will be unable to prove that she is entitled to compensation
in the Vaccine Program. In particular, Petitioner’s claimed shoulder injury
resulted from the Pneumovax 23 (pneumococcal polysaccharide) vaccination she
received on September 24, 2021. Since Pneumococcal polysaccharide vaccines
are not included on the Vaccine Table, an action cannot be pursued in the
Vaccine Program.
ECF No. 7 at 1.
In order to receive compensation under the Vaccine Act, petitioners must show
that they received a vaccine set forth in the Vaccine Injury Table (the “Table”). See §
11(c)(1)(A); 42 C.F.R. § 100.3. Pneumococcal polysaccharide vaccines are not included
on the Table.
“There are two types of pneumococcal vaccines . . . pneumococcal conjugate
and polysaccharide vaccine[s]. The polysaccharide vaccine is distributed under the
brand name Pneumovax.” Bundy v. Sec’y of Health & Human Services, 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. Id.; see Morrison v. Sec’y of Health & Human Services, 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). Because
Petitioner received a pneumococcal polysaccharide vaccine, this claim is not covered
by the Vaccine Program and she cannot receive compensation based on this vaccine.
Thus, Petitioner has failed to establish entitlement to compensation in the Vaccine
Program. This case is dismissed for insufficient proof that she received a vaccine
set forth in the Vaccine Injury Table. 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, she 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