Brandi Rose Wilson v. HHS - COVID-19, chest pain and inflammation (2021)

Brandi Rose Wilson filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging she suffered adverse symptoms, including chest pain and inflammation, as a result of receiving two doses of the Covid-19 vaccine, with the first administered on January 9, 2021. The court dismissed the petition because the Covid-19 vaccine was not listed on the Vaccine Injury Table at that time, and therefore, the program could not provide compensation for injuries resulting from it.

The decision noted that the petitioner could potentially re-file her claim in the future if the Covid-19 vaccine were added to the Table, referencing the program's 'lookback' provision. The court explained the process for adding vaccines to the Table, which involves designation by the CDC and enactment of an excise tax by Congress.

As the claim did not meet the statutory requirement of being a Table injury, it was dismissed without prejudice to refiling should the vaccine be added to the Table.