William Fowler v. HHS - Shingles, other (2023)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Edna Fowler, executrix of the estate of William Fowler, filed a petition alleging injury from a Shingrix (shingles) vaccine administered on July 25, 2018. The case was dismissed for lack of jurisdiction because the shingles vaccine is not listed on the Vaccine Injury Table. The public decision notes that shingles vaccines are not included in the "varicella vaccines" designation on the Table, which covers chickenpox vaccines. Previous decisions, including Scanlon v. Sec’y of Health & Hum. Servs., have affirmed dismissals of shingles vaccine claims on this basis. The petitioner did not respond to an Order to Show Cause regarding the lack of jurisdiction. No specific injury, medical records, expert testimony, or mechanism of causation were described in the public decision, as the case was dismissed on jurisdictional grounds prior to the development of these facts. The case was dismissed by Chief Special Master Brian H. Corcoran on September 13, 2023. Petitioner counsel was Braden A. Blumenstiel, and respondent counsel was Heather L. Pearlman.
Source PDFs
USCOURTS-cofc-1_21-vv-01611