Charter v. Secretary of Health and Human Services, 21-1404

Petitioner Jonathan Charter, pro se, filed a Vaccine Program petition alleging adhesive capsulitis and a supraspinatus tendon tear after receiving Shingrix (herpes zoster recombinant) on May 29, 2018.
Medical records and a VAERS report submitted by petitioner corroborated receipt of the Shingrix vaccine and no other vaccines on the date at issue.
The Special Master issued an order to show cause because the Vaccine Injury Table covers only vaccines routinely recommended for children (e.g., varicella), whereas Shingrix is recommended for adults and is not on the Table.
Petitioner was given until July 19, 2021 to amend his petition to show receipt of a Table-listed vaccine, or to dismiss/withdraw the claim (with guidance about pursuing civil actions outside the Program or preserving reopening rights).
Petitioner did not respond to the show-cause order or otherwise contact the court by the deadline.
The Special Master dismissed the petition for failure to state a claim and directed the Clerk to enter judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Shingrix (shingles vaccine) is a Table vaccine	Charter alleges injury from Shingrix	Table covers vaccines routinely recommended for children; Shingrix is adult-only and not listed	Shingrix is not a Table vaccine; claim not eligible in Vaccine Program
Whether the petition should be dismissed for failure to respond to court order	No response filed	Failure to comply with show-cause order warrants dismissal	Petition dismissed for failure to state a claim and for failure to respond

Scanlon v. Sec’y of Health & Human Servs., 114 Fed. Cl. 135 (2013) (affirming dismissal of a petition alleging injury from a shingles vaccine as a non‑covered vaccine)