The Estate Of Cletus J. Muensterman v. HHS - Pneumococcal, shoulder injury related to vaccine administration (“SIRVA”) (2020)

Gerald L. Muensterman, acting as Personal Representative for the estate of Cletus J.

Muensterman, filed a petition alleging that Cletus Muensterman suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal vaccine on June 16, 2015. The petition was filed on May 21, 2018.

However, Cletus Muensterman had passed away on September 9, 2017, prior to the petition being filed. The petitioner later filed a motion to dismiss the petition, acknowledging that establishing causation-in-fact would be difficult given the circumstances and that dismissal would avoid unnecessary fees.

The court noted that to receive compensation, the petitioner must prove either a Table Injury or that the vaccine actually caused the injury. The record lacked evidence of a Table Injury and did not contain persuasive evidence of causation.

Furthermore, the petition was not supported by adequate medical records or a competent physician's opinion. Consequently, the case was dismissed for insufficient proof.