Steven M. Centers v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2019)

Steven M. Centers filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal vaccine on January 9, 2018.

The respondent, the Secretary of Health and Human Services, moved to dismiss the petition, arguing that the vaccine received by Mr. Centers was not covered by the Program.

The decision notes that Mr. Centers received a pneumococcal polysaccharide vaccine (Pneumovax 23), which is not listed on the Vaccine Injury Table.

The Vaccine Act only covers vaccines routinely administered to children, and specifically lists pneumococcal conjugate vaccines, not polysaccharide vaccines like Pneumovax, as covered. Because Mr.

Centers did not receive a vaccine covered by the Program, he could not establish entitlement to compensation. The court granted the respondent's motion to dismiss, finding that the petition failed to state a claim upon which relief could be granted.

The case was dismissed, and judgment was entered accordingly.