Radke v. Secretary of Health and Human Services

United States Court of Federal Claims·Decided July 6, 2026·No. 22-1384V·Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1384V

************************* * MARK RADKE, * Chief Special Master Corcoran * Petitioner, * Filed: June 8, 2026 * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * *************************

Amber Diane Wilson, Wilson Science Law, Washington, DC, for Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON REMAND DENYING ENTITLEMENT 1

On September 27, 2022, Mark Radke filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that he suffered polymyalgia rheumatica (“PMR”) after receipt of a pneumococcal conjugate vaccine on September 30, 2019. Petition (ECF No. 1) at 1.

The Vaccine Program has routinely dismissed claims alleging PMR as a vaccine injury— regardless of the vaccine involved—and I had held a trial in a PMR case featuring a highly-similar causation theory. Because of my resulting reasoned skepticism as to the claim’s viability, I directed the parties to brief the matter. See Petitioner’s Brief in Support of Entitlement, dated Jan. 10, 2025

1 "Under Vaccine Rule 18(b), each party has fourteen (14) 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 will be available to the public in its present form. 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”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). (ECF No. 36) (“Br.”); Respondent’s Opposition, dated Mar. 21, 2025 (ECF No. 39) (“Opp.”); Petitioner’s Rebuttal Brief, dated Apr. 18, 2025 (ECF No. 41) (“Reply”). I subsequently denied entitlement—and attempted to do so in as succinct a manner as possible, referencing not only my prior experience with claims involving PMR (in some instances advanced by the same current counsel and expert offered in this matter) but the fact that numerous prior special masters had reached the same conclusion. Decision, dated Oct. 6, 2025 (ECF No. 43) (vacated on remand). Petitioner, however, has successfully appealed the decision on review, and I am now directed by the Court of Federal Claims to provide more detail as to the basis for my determination. See Radke v. Sec'y of Health & Hum. Servs., No. 22-1384, 2026 WL 1132925 (Fed. Cl. Apr. 2, 2026) (the “Remand Order”). Herein I provide my reasoning for why I again deny entitlement in this matter. It simply has not been demonstrated that the pneumococcal vaccine can likely cause PMR. I. Factual Background Pre-Vaccination Medical History Petitioner experienced a number of treatment events in the years before the vaccination at issue that arguably bear on his alleged injury. For example, in mid-2014, injuries to his right knee were deemed by treaters significant enough to make him a good candidate for a knee replacement procedure. Ex. 11 at 19–20. It was observed as early as 2015 that Petitioner had a history of lower limb neuropathy, featuring paresthesias and reduced reflexes, that impacted his ambulation. Ex. 19 at 268–70, 306–07. These neurologic issues lead in February 2015 to a diagnosis of peripheral neuropathy. Id. at 270. An EMG 3 performed that spring confirmed the presence of early axonal sensorimotor neuropathy. Id. at 266. These kinds of symptoms continued to plague Petitioner in 2015, although treaters did not propose any neuropathic-specific medications or comparable interventions. Id. at 216–17. In 2017, Petitioner sought treatment for a worsening rash, and also reported muscle weakness and fatigue. Ex. 19 at 271, 273. He underwent a brain MRI that August, although its findings shed no light on possible explanations for some of his complaints. Ex. 18 at 58. He was later treated again for neuropathic symptoms, and now reported mild progression to his upper extremities. Ex. 20 at 3, 7. Petitioner informed some neurologists that the symptoms had existed for several years. Ex. 14 at 1, 4. Testing did not, however, aid in identifying an etiologic explanation for these symptoms. Id. at 6–10. In the fall of 2017, Petitioner also saw an endocrinologist, who proposed that alcohol use might explain Petitioner’s condition. Ex. 15 at 33.

3 “Electromyography” is defined as “an electrodiagnostic technique for recording the extracellular activity (action potentials and evoked potentials) of skeletal muscles at rest, during voluntary contradictions, and during electrical stimulation; performed using any of a variety of surface electrodes, needle electrodes, and devices for amplifying, transmitting, and recording the signals.” Electromyography, Dorland’s Medical Dictionary Online, https://www.dorlandsonline.com/dorland/definition?id=15854&searchterm=electromyography (last visited June 8, 2026).

2 Petitioner continued in 2018 to explore his health concerns with a variety of treaters. He sought help in January 2018 for head pain and strange sensations, although testing identified no explanation for the symptoms. Ex. 14 at 25, 29–31. He reported more neuropathic concerns that summer, coupled with weakness and fatigue, but a repeat MRI revealed nothing of concern. Id. at 39, 43–45. He complained of tinnitus and hearing loss in October 2018. Ex. 13 at 45, 47. In July 2019 (two months before vaccination), he again sought treatment for tinnitus and polyneuropathy concerns, although his symptoms were then deemed to be stable. Ex. 14 at 58. (The record also reveals that Petitioner received a flu vaccine dose in late-August 2019. Ex. 24 at 130. Although Petitioner’s causation theory focuses on the subsequently-received pneumococcal vaccine, that theory at certain points attempts to bootstrap into the analysis the impact of this earlier vaccination, as discussed below). Vaccination and Purported Adverse Impact Mr. Radke was sixty-seven years old when he received a pneumococcal vaccine on September 30, 2019. Ex. 2 at 21. Two days later (October 2, 2019), Petitioner went to see his neurologist, Dr. Terry Wimpey, for follow-up evaluation of his preexisting neuropathy symptoms. Ex. 3 at 2. Petitioner now stated that he had been feeling increasing right leg neuropathy for the past week (which would mean the pain began prior to the vaccination), and that he was feeling “pain behind his calf associated with the neuropathy and muscle tightness” causing him to limp. Id. Examination revealed nothing inconsistent from prior treatment encounters, however, and Petitioner was referred to physical therapy (“PT”) for treatment of his symptoms. Id. at 6.

A month later (November 1, 2019), Petitioner went to orthopedist John Manfredi for treatment of his prior, ongoing right knee pain. Ex. 11 at 16. He now stated, however, that the pain had worsened over the past month, and he reported that he had experienced pain and swelling the day after vaccination. Id. X-rays of Petitioner’s right knee, however, revealed only evidence of preexisting knee concerns (severe degenerative changes in the knee and calcifications throughout the medial femoral condyle). Id. at 17. Petitioner was provided a lidocaine injection at this visit to treat his knee. Id.

That same November, Petitioner saw a different orthopedist for shoulder pain that he related to falling out of bed the prior month. Ex. 4 at 2.

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