In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-968V 

(not to be published) 

* * * * * * * * * * * * * * * * * * * * * * * * * 

HORACE MUNGIN, * 

 * Special Master Corcoran 

 * 

 Petitioner, * Filed: September 26, 2017 

 * 

 v. *

 * Decision by Stipulation; Damages; 

SECRETARY OF HEALTH * Prevnar 13 Pneumococcal Conjugate 

AND HUMAN SERVICES, * Vaccine (“Prevnar”); Shoulder Pain; 

 * Arm Cellulitis; Index Finger Stenosing 

 Respondent. * Tenosynovitis. 

 *

* * * * * * * * * * * * * * * * * * * * * * * * * 

 

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. 

Douglas Ross, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On August 9, 2016, Horace Mungin filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he 

suffered from left shoulder pain, left arm cellulitis, and index finger stenosing tenosynovitis as a 

result of his July 21, 2015, Prevnar 13 pneumococcal conjugate (“Prevnar”) vaccine. Petitioner 

further alleges that he has experienced the residual effects of this condition for more than six 

months. 

 

1

 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the 

Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This 

means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. 

Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any 

information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged 

or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly 

unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision in its present form will be 

available. Id. 

2

 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 

100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). 
2

Respondent denies that the Prevnar vaccine caused Petitioner’s left shoulder pain, left arm 

cellulitis, index finger stenosing tenosynovitis, or any other injury. Nonetheless both parties, while 

maintaining their above-stated positions, agreed in a stipulation (filed on September 25, 2017) that 

the issues before them could be settled, and that a decision should be entered awarding Petitioner 

compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation 

(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the 

terms set forth therein. 

The stipulation awards: 

 A lump sum of $10,000.00 in the form of a check payable to Petitioner. 

Stipulation ¶ 8. This amount represents compensation for all damages that would be available 

under Section 15(a) of the Act. 

I approve a Vaccine Program award in the requested amount set forth above to be made to 

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the Court is directed to enter judgment herewith.3

IT IS SO ORDERED. 

 

 /s/ Brian H. Corcoran

 Brian H. Corcoran 

 Special Master 

 

3

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) 

a notice renouncing their right to seek review.