Ju Won Lee v. HHS - Pneumovax, right shoulder pain (2017)

Ju Won Lee filed a petition alleging that a Pneumovax (PPV/23) vaccination administered on September 26, 2016, caused him right shoulder pain. Mr.

Lee, who filed his petition on December 30, 2016, did not provide page numbers for his petition and attached medical records. The case was initially assigned to Chief Special Master Nora Beth Dorsey and later reassigned to Special Master Laura D.

Millman. Mr.

Lee failed to contact the court to schedule an initial status conference by the March 10, 2017 deadline. Consequently, Special Master Millman issued an Order to Show Cause on March 13, 2017, giving Mr.

Lee until March 27, 2017, to respond. Mr.

Lee did not respond to this order. The court noted that the Pneumovax (PPV/23) vaccine is not listed on the Vaccine Injury Table.

Because the vaccine was not on the Table, the court lacked the authority to decide whether it caused Mr. Lee's injury.

The court also dismissed the case for failure to obey two court orders. Therefore, the petition was dismissed.