Charlotte Mesimore v. HHS - Pneumococcal, shoulder injury (2024)

Charlotte Mesimore filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2024. She alleged that she suffered a shoulder injury resulting from a pneumococcal polysaccharide vaccination, identified as Pneumovax, administered on January 12, 2022.

The respondent was the Secretary of Health and Human Services. The public decision notes that to be eligible for compensation under the Vaccine Act, petitioners must demonstrate that they received a vaccine listed on the Vaccine Injury Table.

Pneumococcal polysaccharide vaccines, such as Pneumovax, are not included on this Table. The program only covers pneumococcal conjugate vaccines, which are typically administered to children.

As Ms. Mesimore received a pneumococcal polysaccharide vaccine, her claim was not covered by the Vaccine Program, and she was therefore ineligible for compensation based on this vaccination.

On September 9, 2024, Chief Special Master Brian H. Corcoran issued an Order to Show Cause, directing Petitioner to explain why her claim should not be dismissed for lack of jurisdiction over the vaccine.

Petitioner did not respond to this order by the deadline. Consequently, Chief Special Master Corcoran dismissed the case for failure to establish that the vaccine received was covered by the Vaccine Program.

The clerk was directed to enter judgment accordingly. The decision was issued on October 10, 2024.

Petitioner was represented by Stephanie B. Rubin of Rubin & Machado, Ltd., and Respondent was represented by Heather L.

Pearlman of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert testimony.