William Fowler v. HHS - Shingles, other (2023)

On July 26, 2021, Edna Fowler, executrix of the estate of William Fowler, filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that Mr. Fowler suffered injuries due to a Shingrix (shingles) vaccination he received on July 25, 2018.

The petition did not identify the vaccine administrator or provide corresponding medical records. To be eligible for compensation, the petitioner must demonstrate that Mr.

Fowler received a vaccine listed on the Vaccine Injury Table. The petitioner indicated that the shingles vaccine was on the Table, but the public decision explains that shingles vaccines are not included in the varicella vaccines designation on the Table.

Chickenpox vaccines are understood to be the "varicella vaccines" listed on the Table. Previous decisions have distinguished shingles vaccines from chickenpox vaccines and dismissed claims for injuries from a shingles vaccine.

The public decision cites Scanlon v. Sec’y of Health & Hum.

Servs., Nilsen v. Sec’y of Health & Hum.

Servs., Doe/44 v. Sec’y of Health & Hum.

Servs., and Doe/47 v. Sec’y of Health & Hum.

Servs. as examples. In Scanlon, the court noted that while the shingles vaccine is a type of "varicella vaccine," it is routinely administered to adults, has never been added to the Vaccine Injury Table by the Secretary, and no excise tax has been imposed upon it.

On December 2, 2022, Chief Special Master Brian H. Corcoran issued an Order to Show Cause why the claim should not be dismissed for lack of jurisdiction over the vaccine.

The deadline for response passed without any submission from the petitioner. As the petitioner failed to establish that Mr.

Fowler received a vaccine covered by the Vaccine Program, the case was dismissed for lack of jurisdiction. The clerk was directed to enter judgment accordingly.

Petitioner counsel was Braden A. Blumenstiel.

Respondent counsel was Heather L. Pearlman.

The decision was signed by Chief Special Master Brian H. Corcoran.