VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_25-vv-00472 Package ID: USCOURTS-cofc-1_25-vv-00472 Petitioner: Samuel J. Petrosky Filed: 2025-03-14 Decided: 2025-09-30 Vaccine: pneumococcal conjugate Vaccination date: 2022-06-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65609 AI-assisted case summary: On March 14, 2025, Samuel J. Petrosky filed a petition alleging a shoulder injury related to vaccine administration after a pneumococcal conjugate vaccination on June 30, 2022. The public ruling does not state his exact age, but the case was filed in his own name. Respondent filed a combined Rule 4(c) report and compensation proffer on September 29, 2025. Respondent conceded that Mr. Petrosky's alleged injury was consistent with SIRVA and that all legal prerequisites for compensation were satisfied. The public documents do not include the specific onset narrative, treatment records, diagnostic imaging, or functional history. Chief Special Master Brian H. Corcoran granted entitlement and awarded damages on September 30, 2025. Mr. Petrosky received a lump sum of $65,609.58, consisting of $65,000.00 for pain and suffering and $609.58 for past unreimbursed expenses. He was represented by Elizabeth Martin Muldowney of Sands Anderson, PC. Theory of causation field: Pneumococcal conjugate vaccine, June 30, 2022, adult inferred, alleged SIRVA. COMPENSATED after combined Rule 4(c) report/proffer conceded Table SIRVA and legal prerequisites. Public ruling/proffer gives no detailed clinical course beyond the SIRVA concession. Award: $65,000 pain/suffering plus $609.58 unreimbursed expenses, total $65,609.58, paid directly by check/ACH as lump sum. Chief Special Master Corcoran September 30, 2025. Attorney Elizabeth Martin Muldowney; respondent Katherine Carr Esposito. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_25-vv-00472-0 Date issued/filed: 2025-10-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 09/30/2025) regarding 19 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00472-UNJ Document 24 Filed 10/30/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0472V SAMUEL J. PETROSKY, Chief Special Master Corcoran Petitioner, v. Filed: September 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On March 14, 2025, Samuel J. Petrosky 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 shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a significant aggravation injury, after receiving a pneumococcal conjugate vaccine on June 30, 2022. Petition at 1, ¶ 3. Petitioner further alleges that he received the vaccine within the United States, that he suffered the residual effects of his SIRVA injury for more than six months, and that neither he nor any other party has filed a civil case or received compensation for 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 1:25-vv-00472-UNJ Document 24 Filed 10/30/25 Page 2 of 2 his SIRVA injury. Id. at ¶¶ 3, 28-29. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 29, 2025, Respondent filed his Rule 4(c) Report and Proffer of Compensation in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report and Proffer of Compensation at 1. Specifically, Respondent believes “that [P]etitioner’s alleged injury is consistent with a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as defined by the Vaccine Injury Table.” Id. at 6. Respondent further agrees that “based on the record as it now stands, [P]etitioner has satisfied all legal prerequisites for compensation under the Act.” Id. 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 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_25-vv-00472-1 Date issued/filed: 2025-10-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/30/2025) regarding 20 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:25-vv-00472-UNJ Document 25 Filed 10/30/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0472V SAMUEL J. PETROSKY, Chief Special Master Corcoran Petitioner, Filed: September 30, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On March 14, 2025, Samuel J. Petrosky 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 alleged that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative a significant aggravation injury, after receiving a pneumococcal conjugate vaccine on June 30, 2022. Petition at 1, ¶ 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On September 30, 2025, I issued a ruling on entitlement, finding Petitioner entitled to compensation for his SIRVA. In this case, Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation (“Rule 4(c) Report and Proffer”) indicating Petitioner should be awarded $65,609.58, representing compensation in the amounts of 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 1:25-vv-00472-UNJ Document 25 Filed 10/30/25 Page 2 of 2 $65,000.00 for pain and suffering and $609.58 for past unreimbursable expenses. Rule 4(c) Report and Proffer at 6. 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 Rule 4(c) Report and Proffer. Pursuant to the terms stated in the combined Rule 4(c) Report and Proffer,3 I award Petitioner a lump sum payment of $65,609.58, representing compensation in the amounts of $65,000.00 for pain and suffering and $609.58 for actual unreimbursable expenses, in the form of a check payable 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Because the Rule 4(c) Report and Proffer contains detailed medical information, it will not be filed as an attachment to this Decision. 4 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