Sharon Danberry v. HHS - Pneumococcal, cellulitis, soft tissue necrosis (2020)

Sharon Danberry filed a petition alleging that she suffered cellulitis and soft tissue necrosis caused by the Pneumovax-23 (polysaccharide) and Shingrix vaccines she received on November 4, 2019. After filing her petition on June 26, 2020, Ms.

Danberry submitted medical records. The court issued an Order to Show Cause because the vaccines at issue were not covered by the National Vaccine Injury Compensation Program.

Subsequently, Ms. Danberry filed a motion to dismiss her own petition, stating that an investigation demonstrated she could not prove entitlement to compensation.

She understood that this dismissal would result in a judgment against her and end her rights in the program. The court granted her motion, dismissing the case.

The decision noted that to receive compensation, a petitioner must have received a vaccine listed on the Vaccine Injury Table. Pneumococcal polysaccharide vaccines and the Shingles vaccine (Shingrix) are not covered by the program.

Therefore, Ms. Danberry could not demonstrate injury from a covered vaccine, leading to the dismissal for failure to state a claim.