Ben D. Shiriak v. HHS - Pneumococcal, atrial fibrillation, extreme body chills, and chronic arthritis (2020)

Ben D. Shiriak, born in 1939, filed a petition on November 18, 2020, alleging that he suffered from atrial fibrillation, extreme body chills, and chronic arthritis as a result of a pneumococcal polysaccharide vaccine (PPSV-23) he received on October 12, 2017.

Mr. Shiriak, who represented himself, stated that immediately after the vaccination, he experienced an elevated pulse rate and blood pressure, leading to a diagnosis of atrial fibrillation on the same day.

Following his hospital discharge, he began experiencing body chills, which he claimed continued to the present. The respondent was the Secretary of Health and Human Services.

Special Master Katherine E. Oler issued a decision on November 18, 2020, granting the respondent's motion to dismiss.

The Special Master noted that to be eligible for compensation under the National Vaccine Injury Compensation Program, a petitioner must demonstrate they received a vaccine listed on the Vaccine Injury Table. The public decision explained that there are two types of pneumococcal vaccines: the conjugate vaccine, which is covered by the program and typically administered to children, and the polysaccharide vaccine (such as Pneumovax 23), which is not listed on the Vaccine Injury Table.

Because Mr. Shiriak alleged injury from the PPSV-23 vaccine, he could not demonstrate that he received a vaccine set forth in the Vaccine Injury Table.

Consequently, the court lacked jurisdiction to adjudicate his claim, and the petition was dismissed for failure to state a claim upon which relief could be granted. The decision was reissued for publication on March 8, 2021.

Petitioner counsel was Ben D. Shiriak, pro se.

Respondent counsel was Heather L. Pearlman.