James Leroy Doebler v. HHS - Pneumococcal, pneumonia 23 Valent vaccination (2022)

James Leroy Doebler, an adult, received a pneumococcal polysaccharide vaccine on August 30, 2017. His estate filed a petition alleging that he suffered injuries and ultimately died as a result of this vaccination.

The petition indicated the claim was for a death related to a pneumococcal vaccine. However, the vaccine administered was a pneumococcal polysaccharide vaccine, not a pneumococcal conjugate vaccine, which is the only type covered by the Vaccine Injury Table.

The court issued an order to show cause why the case should not be dismissed because the vaccine was not on the Table. The petitioner did not respond to this order.

To be eligible for compensation, a petitioner must demonstrate they received a vaccine listed on the Vaccine Injury Table. Since Mr.

Doebler received a non-covered vaccine, his petition could not proceed under the Vaccine Act. Therefore, the case was dismissed for failure to state a claim upon which relief can be granted.