Beverly A. Blakely v. HHS - Pneumovax 23, right shoulder pain (2016)

Beverly A. Blakely filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from a Pneumovax 23 vaccine received on October 17, 2014.

She also received a Fluvirin influenza vaccine on the same day. Ms.

Blakely reported immediate right arm pain, attributing it to the Pneumovax 23 injection, which resulted in a documented right shoulder injury requiring arthroscopic surgery. She provided medical records and an expert opinion supporting her claim that the injury was caused by an improper injection.

However, the court noted that Pneumovax 23 is a polysaccharide vaccine not covered by the Vaccine Injury Table, while the influenza vaccine is covered. Ms.

Blakely explicitly linked her injury to the Pneumovax 23 and provided no evidence suggesting the influenza vaccine caused her shoulder pain. Consequently, the court dismissed the case for failure to state a claim upon which relief could be granted, as the injury was not caused by a Program-covered vaccine.