Wayne Venable v. HHS - Pneumococcal, left shoulder injury (2020)

Wayne Venable filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury caused by a Pneumococcal 23-polyvalent vaccination he received on October 19, 2018. The Chief Special Master issued an Order to Show Cause, informing Mr.

Venable that the Pneumococcal 23-polyvalent vaccine is not covered under the Vaccine Program. Mr.

Venable filed an amendment acknowledging the vaccine type but disputing that it is not routinely administered to children and arguing for coverage. Respondent argued the petition should be dismissed for failure to state a claim.

The court found that the Pneumococcal 23-polyvalent vaccine is not listed on the Vaccine Injury Table and is therefore not covered by the Program. The decision noted that only pneumococcal conjugate vaccines, not polysaccharide vaccines like the one Mr.

Venable received, are covered. Consequently, the case was dismissed for failure to state a claim upon which relief can be granted.