VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00193 Package ID: USCOURTS-cofc-1_24-vv-00193 Petitioner: Adam Meduski Filed: 2024-02-08 Decided: 2025-04-08 Vaccine: pneumococcal conjugate Vaccination date: 2023-04-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 57740 AI-assisted case summary: Adam Meduski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his April 25, 2023, pneumococcal conjugate (PCV20) vaccination. He claimed the injury was a Table injury and that he suffered residual effects for more than six months. The respondent conceded that Meduski's left shoulder injury was consistent with SIRVA, as defined by the Vaccine Injury Table. The respondent noted that Meduski had no recent history of shoulder pain, the onset of pain occurred within 48 hours after vaccination, the pain and limited range of motion were confined to the vaccinated shoulder, and no other condition explained the pain. Furthermore, the respondent agreed that Meduski suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Meduski entitled to compensation. Subsequently, the respondent proffered an award of $57,500.00 for pain and suffering and $240.00 for past unreimbursable expenses, totaling $57,740.00. Meduski agreed with this proffered award. The court awarded Meduski a lump sum payment of $57,740.00, representing compensation for all damages available under the Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00193-0 Date issued/filed: 2025-03-17 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/04/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00193-UNJ Document 26 Filed 03/17/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-193V ADAM MEDUSKI, Chief Special Master Corcoran Petitioner, Filed: February 4, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On February 8, 2024, Adam Meduski 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 alleges that he suffered a Table injury - shoulder injury related to vaccine administration (“SIRVA”), as a result of the administration of his April 25, 2023 pneumococcal conjugate (“Prevnar-20” or “PCV20”) vaccination. Petition at 1. Petitioner further alleges that he suffered the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action on his behalf as a result of his injury. See Petition at ¶¶ 10-11. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this Ruling 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 Ruling 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-00193-UNJ Document 26 Filed 03/17/25 Page 2 of 2 On January 31, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent that the Division of Injury Compensation Programs, Department of Health and Human Services (“DICP”) has concluded that [P]etitioner’s left shoulder injury is consistent with SIRVA, as defined by the Vaccine Injury Table. 42 C.F.R. § 100.3(a)(XIV)(B), (c)(10). Specifically, [P]etitioner had no recent history of pain, inflammation, or dysfunction of his left shoulder; the onset of pain occurred within forty-eight hours after receipt of a PCV20 vaccination; the pain and limited range of motion was limited to the shoulder where the vaccine was administered; and no other condition or abnormality has been identified to explain [P]etitioner’s shoulder pain. Id. Additionally, based on the medical records outlined above, [P]etitioner suffered the residual effects of his condition for more than six months. Therefore, based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Id. at 5. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-00193-1 Date issued/filed: 2025-04-08 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 02/28/2025) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00193-UNJ Document 27 Filed 04/08/25 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-193V ADAM MEDUSKI, Chief Special Master Corcoran Petitioner, Filed: February 28, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Christopher Pinto, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 8, 2024, Adam Meduski 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 alleges that he suffered a Table injury - shoulder injury related to vaccine administration (“SIRVA”), as a result of the administration of his April 25, 2023 pneumococcal conjugate-20 (“Prevnar-20” or “PCV20”) vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 4, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On February 27, 2025, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00 in pain and suffering and $240.00 in past unreimbursable expenses. Proffer at 1-2. In the Proffer, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:24-vv-00193-UNJ Document 27 Filed 04/08/25 Page 2 of 5 Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $57,740.00 (representing $57,500.00 in pain and suffering and $240.00 in past unreimbursable expenses) to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). The Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:24-vv-00193-UNJ Document 27 Filed 04/08/25 Page 3 of 5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ADAM MEDUSKI, ) ) Petitioner, ) ) No. 24-193V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 8, 2024, Adam Meduski (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of a pneumococcal conjugate-20 (“PCV20”) vaccine on April 25, 2023. Petition at 1. On January 31, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act for a SIRVA Table injury, and on February 4, 2025, the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation. ECF No. 18; ECF No. 19. I. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $57,500.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. Case 1:24-vv-00193-UNJ Document 27 Filed 04/08/25 Page 4 of 5 B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $240.00. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. Thess amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner should be made through a lump sum payment as described below and requests that the Chief Special Master’s decision and the Court’s judgment award the following1: a lump sum payment of $57,740.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. III. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Adam Meduski: $57,740.00 Respectfully submitted, YAAKOV M. ROTH Acting Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future lost earnings and future pain and suffering. 2 Case 1:24-vv-00193-UNJ Document 27 Filed 04/08/25 Page 5 of 5 HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division COLLEEN HARTLEY Assistant Director Torts Branch, Civil Division s/ CHRISTOPHER J. PINTO CHRISTOPHER J. PINTO Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 353-5992 christopher.pinto@usdoj.gov DATED: February 27, 2025 3