Lisa Jarvis v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2023)

On October 17, 2022, Lisa Jarvis filed a petition under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) resulting from a Pneumovax 23 (pneumococcal polysaccharide) vaccination received on September 24, 2021. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, or treatments received.

Petitioner's counsel was Christopher E. Hultquist.

Respondent's counsel was Heather L. Pearlman.

On January 31, 2023, Petitioner filed a motion to dismiss her petition, stating that an investigation revealed she would be unable to prove entitlement to compensation. Petitioner's motion noted that Pneumovax 23 is a pneumococcal polysaccharide vaccine, which is not included on the Vaccine Injury Table, and therefore, an action could not be pursued in the Vaccine Program.

Chief Special Master Brian H. Corcoran issued a decision on February 6, 2023, granting Petitioner's motion to dismiss.

The decision explained that to receive compensation, petitioners must have received a vaccine listed on the Vaccine Injury Table, and pneumococcal polysaccharide vaccines are not covered by the program; only pneumococcal conjugate vaccines are listed. Because Ms.

Jarvis received a vaccine not on the Table, she could not establish entitlement to compensation. The case was dismissed for insufficient proof that she received a vaccine set forth in the Vaccine Injury Table.

The public decision does not mention any expert witnesses or specific scientific theories regarding causation. No award amount was granted as the case was dismissed.