VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-01340 Package ID: USCOURTS-cofc-1_24-vv-01340 Petitioner: Charlotte Mesimore Filed: 2024-08-28 Decided: 2024-10-10 Vaccine: pneumococcal polysaccharide Vaccination date: 2022-01-12 Condition: shoulder injury Outcome: dismissed Award amount USD: AI-assisted case summary: Charlotte Mesimore filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2024. She alleged that she suffered a shoulder injury resulting from a pneumococcal polysaccharide vaccination, identified as Pneumovax, administered on January 12, 2022. The respondent was the Secretary of Health and Human Services. The public decision notes that to be eligible for compensation under the Vaccine Act, petitioners must demonstrate that they received a vaccine listed on the Vaccine Injury Table. Pneumococcal polysaccharide vaccines, such as Pneumovax, are not included on this Table. The program only covers pneumococcal conjugate vaccines, which are typically administered to children. As Ms. Mesimore received a pneumococcal polysaccharide vaccine, her claim was not covered by the Vaccine Program, and she was therefore ineligible for compensation based on this vaccination. On September 9, 2024, Chief Special Master Brian H. Corcoran issued an Order to Show Cause, directing Petitioner to explain why her claim should not be dismissed for lack of jurisdiction over the vaccine. Petitioner did not respond to this order by the deadline. Consequently, Chief Special Master Corcoran dismissed the case for failure to establish that the vaccine received was covered by the Vaccine Program. The clerk was directed to enter judgment accordingly. The decision was issued on October 10, 2024. Petitioner was represented by Stephanie B. Rubin of Rubin & Machado, Ltd., and Respondent was represented by Heather L. Pearlman of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Charlotte Mesimore alleged a shoulder injury from a pneumococcal polysaccharide vaccine (Pneumovax) received on January 12, 2022. The case was dismissed because pneumococcal polysaccharide vaccines are not listed on the Vaccine Injury Table, and only pneumococcal conjugate vaccines are covered by the National Vaccine Compensation Program. Petitioner failed to respond to an Order to Show Cause regarding jurisdiction. The public decision does not describe the specific mechanism of injury, expert testimony, or any award details. The case was dismissed by Chief Special Master Brian H. Corcoran on October 10, 2024, for failure to establish jurisdiction. Petitioner was represented by Stephanie B. Rubin, and Respondent by Heather L. Pearlman. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-01340-0 Date issued/filed: 2024-11-06 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/10/2024) regarding 9 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-01340-UNJ Document 10 Filed 11/06/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1340V UNPUBLISHED CHARLOTTE MESIMORE, Chief Special Master Corcoran Petitioner, v. Filed: October 10, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Stephanie B. Rubin, Rubin & Machado, Ltd., Chicago, IL, for Petitioner. Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent. DECISION1 On August 28, 2024, Charlotte Mesimore 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 due to a pneumococcal polysaccharide vaccination, Pneumovax, that she received on January 12, 2022. ECF No. 1 at 1; exhibit 1 at 52, 54 (vaccination record); exhibit 2 at 332 (first treatment record). 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 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 1:24-vv-01340-UNJ Document 10 Filed 11/06/24 Page 2 of 2 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 On September 9, 2024, I issued an Order to Show Cause for why Petitioner’s claim should not be dismissed for lack of jurisdiction over the vaccine in question. The show cause deadline passed without any response from Petitioner. Petitioner has failed to establish that Mr. Fowler received a vaccine covered by the Vaccine Program. Accordingly, this case is DISMISSED. 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 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_24-vv-01340-cl-extra-10733798 Date issued/filed: 2024-11-06 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267208 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1340V UNPUBLISHED CHARLOTTE MESIMORE, Chief Special Master Corcoran Petitioner, v. Filed: October 10, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Stephanie B. Rubin, Rubin & Machado, Ltd., Chicago, IL, for Petitioner. Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent. DECISION1 On August 28, 2024, Charlotte Mesimore 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 due to a pneumococcal polysaccharide vaccination, Pneumovax, that she received on January 12, 2022. ECF No. 1 at 1; exhibit 1 at 52, 54 (vaccination record); exhibit 2 at 332 (first treatment record). 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 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). 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 On September 9, 2024, I issued an Order to Show Cause for why Petitioner’s claim should not be dismissed for lack of jurisdiction over the vaccine in question. The show cause deadline passed without any response from Petitioner. Petitioner has failed to establish that Mr. Fowler received a vaccine covered by the Vaccine Program. Accordingly, this case is DISMISSED. 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