Charles Edwards v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2023)

On November 24, 2020, Charles Edwards filed a Vaccine Program petition alleging that he suffered a shoulder injury related to vaccine administration after receiving what the petition described as a pneumococcal conjugate vaccine on November 29, 2017. The court record later showed that the vaccine was Pneumovax 23, a pneumococcal polysaccharide vaccine.

After record development and medical review, respondent reported that Edwards had received an uncovered vaccine not listed on the Vaccine Injury Table and that there was no reasonable basis to proceed. Chief Special Master Brian H.

Corcoran issued an order to show cause on August 10, 2022, explaining that Pneumovax 23 is not covered by the Vaccine Program because the Table covers pneumococcal conjugate vaccines, not polysaccharide pneumococcal vaccines. Edwards responded that dismissal should not occur for reasons of justice, equity, and fairness, and argued about CDC guidance involving conjugate and polysaccharide pneumococcal vaccines.

Chief Special Master Corcoran dismissed the petition on April 26, 2023. The decision found that Edwards unquestionably received Pneumovax 23, that the vaccine does not appear on the Vaccine Injury Table, and that he therefore could not show he received a covered vaccine as required by the Act.

The dismissal was for failure to state a claim upon which relief could be granted, and no compensation was awarded. Edwards was represented by William Ralph Layne Walker, Jr. of The Walker Law Firm, PLLC.