VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01611
Package ID: USCOURTS-cofc-1_21-vv-01611
Petitioner: William Fowler
Filed: 2021-07-26
Decided: 2023-09-13
Vaccine: shingles
Vaccination date: 2018-07-25
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01611-0
Date issued/filed: 2023-09-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/17/2023) regarding 19 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-01611-UNJ Document 20 Filed 09/13/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1611V
UNPUBLISHED
EDNA FOWLER, executrix of the
estate of WILLIAM FOWLER, Chief Special Master Corcoran
Petitioner, Filed: August 17, 2023
v.
Non-Table vaccine; Show Cause;
SECRETARY OF HEALTH AND Shingles vaccine
HUMAN SERVICES,
Respondent.
Braden A. Blumenstiel, The Law Office of DuPont and Blumenstiel, Dublin, OH, for
Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 26, 2021, Edna Fowler filed a petition for compensation on behalf of the
estate of William Fowler under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa—10 through 342 (the “Vaccine Act”). Petitioner alleged that Mr. Fowler
suffered injuries due to a Shingrix (shingles) vaccination he received on July 25, 2018.
ECF No. 1. Petitioner did not identify the vaccine administrator (or the corresponding
medical records) in the petition or affidavit.3
In order to receive compensation under the Vaccine Act, Petitioner must show
that Mr. Fowler received a vaccine set forth in the Vaccine Injury Table (the “Table”).
See § 11(c)(1)(A); 42 C.F.R. § 100.3(a). Petitioner indicated that the shingles vaccine is
listed on the Table. ECF No. 1 ¶ 5. However, as explained below, shingles vaccines are
not included within the varicella vaccines designation on the Table.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
3 In addition, Petitioner has not yet filed exhibits 2 or 7-10. Because this case has the jurisdictional defect
of a non-covered vaccine, it is not necessary to consider the un-filed exhibits.

Case 1:21-vv-01611-UNJ Document 20 Filed 09/13/23 Page 2 of 2
Chickenpox vaccines are understood to be the “varicella vaccines” listed on the
Table. See 26 U.S.C, § 4132(a)(1)(K). Shingles vaccines have been distinguished from
chickenpox vaccines in previous decisions dismissing petitions seeking compensation
for injuries from a shingles vaccine. See Scanlon v. Sec’y of Health & Hum. Servs., No.
13-219V, 2013 WL 5755061 (Fed. Cl. Spec. Mstr. Sept. 27, 2013), aff’d, 114 Fed. Cl.
135 (2013); Nilsen v. Sec’y of Health & Hum. Servs., No. 10-110V, 2010 WL 1753471
(Fed. Cl. Spec. Mstr. Apr. 6, 2010); Doe/44 v. Sec’y of Health & Hum. Servs., No.
[redacted]V, 2009 WL 3124758 (Fed. Cl. Spec. Mstr. Sept. 25, 2009); Doe/47 v. Sec’y
of Health & Hum. Servs., No. [redacted]V, 2009 WL 3416368 (Fed. Cl. Spec. Mstr.
Sept. 10, 2009).4 As summarized in one opinion affirming a special master’s dismissal
of a shingles vaccine claim, “[e]ven though the shingles vaccine is a type of ‘varicella
vaccine,’ it is routinely administered to adults, the Secretary has never added it to the
Vaccine Injury Table, and no excise tax has been imposed upon it.” Scanlon, 114 Fed.
Cl. at 143.
On December 2, 2022, I issued an Order to Show Cause for why Petitioner’s
claim should not be dismissed for lack of jurisdiction over the vaccine in question. The
show cause deadline passed without any response from Petitioner.
Petitioner has failed to establish that Mr. Fowler received a vaccine covered by the
Vaccine Program. Accordingly, this case is DISMISSED. The clerk shall enter
judgment accordingly.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 See Shingrix official website at www.shingrix.com (“SHINGRIX is an FDA-approved vaccine for the
prevention of shingles (herpes zoster) in adults 50 years and older. SHINGRIX is not used to prevent
chickenpox.”); Center for Disease Control and Prevention (CDC) website at
https://www.cdc.gov/vaccines/vpd/shingles/public/shingrix/index.html (describing the recombinant zoster
vaccination).
5 If Petitioner wishes to bring a civil action, she must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2