Susan Coats v. HHS - Pneumococcal, sepsis and systemic inflammatory response syndrome (2019)

Susan Coats filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered injuries, including sepsis and systemic inflammatory response syndrome (SIRS), caused by a pneumococcal polysaccharide vaccine (23-Valent) administered on May 16, 2017. The court noted that pneumococcal polysaccharide vaccines are not covered by the Vaccine Program.

Ms. Coats was ordered to show proof of a covered vaccine or injury.

Subsequently, Ms. Coats filed a motion to dismiss her own petition, stating that an investigation demonstrated she would be unable to prove entitlement to compensation.

She understood that a dismissal would end her rights in the Program. To receive compensation, a petitioner must demonstrate they received a vaccine listed on the Vaccine Injury Table.

Only pneumococcal conjugate vaccines, not polysaccharide vaccines like the one Ms. Coats received, are covered.

Therefore, Ms. Coats could not demonstrate she received a covered vaccine.

The case was dismissed for failure to state a claim upon which relief can be granted, and judgment was entered against her.