William Branson v. HHS - Pneumovax 23, fever and swelling of his arm (2017)

William Branson filed a petition on January 30, 2017, alleging that he suffered fever and swelling of his arm as a result of receiving the Pneumovax 23 vaccine on November 18, 2014. During an initial status conference, it was explained that eligibility for compensation requires receiving a vaccine listed on the Vaccine Injury Table.

Mr. Branson's vaccine, Pneumovax 23, is not listed on the Table.

The Secretary of Health and Human Services filed a motion to dismiss, arguing that Mr. Branson was not eligible for compensation.

Mr. Branson was granted an extension to respond but failed to do so.

The court noted that only pneumococcal conjugate vaccines are covered under the Vaccine Act, not polysaccharide vaccines like Pneumovax 23. Because Mr.

Branson did not receive a vaccine covered by the Program, he could not demonstrate entitlement to an award. The case was dismissed for failing to state a claim upon which relief can be granted.