Belarmina Flores-Ayala v. HHS - Pneumococcal, well-documented injuries to her left arm (2021)

Belarmina Flores-Ayala filed a petition alleging injuries to her left arm following a pneumococcal polysaccharide vaccine. During a status conference, it was explained that this type of vaccine is not included on the Vaccine Injury Table, making her ineligible for the National Vaccine Injury Compensation Program.

The petitioner was informed she could dismiss her claim to pursue action outside the program or withdraw it to preserve future rights if the vaccine were added to the Table. She chose to withdraw her claim.

Consequently, the Special Master dismissed the claim without prejudice, construing her statements as a voluntary dismissal. No award was made.