Unpublished

DECISION1

NORA BETH DORSEY, Chief Special Master.

On April 11, 2019, Steven M. Centers ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the "Vaccine Act" or "Program"). Petitioner alleged that he suffered a shoulder injury related to vaccine administration ("SIRVA") as a result of a pneumococcal vaccine administered on January 9, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 19, 2019, respondent moved for a decision dismissing the petition, contending that petitioner did not receive a vaccine covered by the Act. Motion to Dismiss ("Res. Mot.") ECF No. 8 at 1.

For the reasons discussed below, respondent's motion is GRANTED, and petitioner's claim is hereby DISMISSED.

I. Relevant Procedural History

Petitioner filed his petition on April 11, 2019, along with medical records and a statement of completion. See ECF Nos. 1, 5. Petitioner alleges he suffered a left shoulder SIRVA from a pneumococcal vaccination he received on January 9, 2018. Petition at 1. Petitioner's medical records document his receipt of a pneumococcal polysaccharide PPV23 (Pneumovax) in his left deltoid on January 9, 2018. See Exhibit 1 at 1; Exhibit 2 at 23, 44.

On April 19, 2019, respondent filed a Motion to Dismiss, arguing that petitioner did not receive a vaccine set forth in the Vaccine Injury Table. Res. Mot. at 2. Petitioner filed a Motion for Extension of Time to Respond to Respondent's Motion to Dismiss on May 2, 2019, requesting until May 24, 2019 to file a response. ECF No. 9 at 2. Petitioner's motion was granted on May 7, 2019.

On June 27, 2019, a scheduling order was filed noting that petitioner had not yet filed a response and ordering any response to respondent's motion to dismiss be filed by July 5, 2019. ECF No. 10. Petitioner was warned that failure to file a response may be interpreted as a failure to prosecute the claim or as an inability to provide supporting documentation for the claim.

Petitioner did not file a response, additional documentation, or a motion for an extension of time.

II. Discussion

To be entitled to compensation under the Vaccine Act, a petitioner must demonstrate that he received a vaccine set forth in the Vaccine Injury Table (the "Table"). See §11(c)(1)(A). Compensation is awarded only to individuals "who have been injured by vaccines routinely administered to children." H.R. Rep. 99-908, 1986 U.S.C.C.A.N. 6344 at 3.

"There are two types of pneumococcal vaccines . . . pneumococcal conjugate and polysaccharide vaccine[s]." Bundy v. HHS, No. 12-769V, 2014 WL 348852, at *1 (Fed. Cl. Spec. Mstr. Jan. 8, 2014). The polysaccharide vaccine is distributed under the brand name Pneumovax.3 Only pneumococcal conjugate vaccines, routinely administered to children, are covered by the Vaccine Program. See Morrison v. HHS, No. 04-1683, 2005 WL 2008245, at *1 (Fed. Cl. Spec. Mstr. July 26, 2005) (describing how and when pneumococcal conjugate vaccines were added to the Vaccine Table).

In this case, petitioner's records indicate that he received "pneumococcal polysaccharide vaccine PPSV23 (Pneumovax)" in his left shoulder on January 9, 2018. Ex. 2 at 23, 44. As such, petitioner is unable to show that he "received a vaccine set forth in the Vaccine Injury Table." 42 U.S.C. § 300aa-11(c)(1)(a). Thus, he cannot receive compensation on a claim based on the Pneumovax vaccine through the Vaccine Program, and the petition must be dismissed. See, e.g., Cielencki v. HHS, No. 15-632V, 2015 WL 10767150, at *3 (Fed. Cl. Spec. Mstr. Dec. 22, 2015) (dismissing petition that involves Pneumovax vaccine); Bundy, 2014 WL 348852 at *1 (same).

III. Conclusion

Petitioner has failed to demonstrate that he was injured by a vaccine covered under the Vaccine Program. This case is dismissed for failure to state a claim upon which relief can be granted. The clerk shall enter judgment accordingly.4

IT IS SO ORDERED.