Maurice Hoss v. HHS - Pneumovax 23, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)

Maurice Hoss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a trivalent influenza vaccination in his right shoulder on October 14, 2012, caused him to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). However, during the course of the proceedings, it became clear that Mr.

Hoss received the Pneumovax 23 vaccine in his right arm, where the injury occurred, and the influenza vaccine in his left arm. The Pneumovax 23 vaccine is not covered by the National Vaccine Injury Compensation Program.

Mr. Hoss acknowledged that because the vaccine he received was not covered by the Program, he was not entitled to compensation.

He subsequently filed a motion to dismiss his own petition. The court granted his motion and dismissed the case for failure to state a claim upon which relief can be granted, as the injury was not caused by a vaccine covered under the Program.