Nicholle M. Cielencki v. HHS - Pneumovax 23, other (2016)

Nicholle M. Cielencki filed a petition alleging injury from a Pneumovax 23 vaccine received on June 19, 2012.

The court issued an order to show cause because Pneumovax 23 is a polysaccharide vaccine not covered by the National Vaccine Injury Compensation Program. The petitioner's counsel was granted multiple extensions to amend the petition to allege injury from a Program-covered vaccine or show cause why the case should not be dismissed.

Despite these extensions, the petitioner failed to file a response or provide evidence of a Program-covered vaccine. The court noted that the petitioner had severed contact with her counsel, making it difficult to obtain necessary authorizations.

Ultimately, the case was dismissed for failure to state a claim upon which relief can be granted, as the vaccine was not covered by the Program, and also for failure to prosecute due to the lack of response to the court's orders.