Carl Browning v. HHS - Pneumococcal, lung scarring, chronic difficulty breathing, and pain (2021)

Carl Browning filed a petition on January 26, 2018, alleging that a pneumococcal vaccination administered on January 27, 2016, caused him to suffer lung scarring, chronic difficulty breathing, and pain. The case progressed slowly, and Mr.

Browning passed away during the proceedings. On January 4, 2021, the court issued an Order to Show Cause, directing Mr.

Browning's family to file letters of administration and a motion to substitute a proper petitioner by March 5, 2021. On March 5, 2021, Mr.

Browning's family moved to dismiss the petition, stating that their investigation demonstrated they could not prove entitlement to compensation. They understood this would result in a judgment against them and elected to reject the Vaccine Program judgment to pursue a civil action.

The court noted that to receive compensation, a petitioner must prove either a Table Injury or that the vaccination actually caused the injury, and that eligibility requirements are threshold criteria. Given the family's motion, the failure to file letters of administration, and the lack of a substituted party, the Special Master dismissed the case, finding Mr.

Browning was not entitled to compensation.