VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00239
Package ID: USCOURTS-cofc-1_12-vv-00239
Petitioner: JIHAN SANTAMARIA
Filed: 2012-04-12
Decided: 2014-02-21
Vaccine: influenza
Vaccination date: 2007-11-07
Condition: bilateral lower extremity paralysis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Jihan Santamaria filed a petition alleging that an influenza vaccination on November 7, 2007, caused her bilateral lower extremity paralysis. The petition was filed on April 12, 2012. During a status conference on November 26, 2013, Petitioner's counsel stated she could not contact her client. The court ordered counsel to file a status report by January 7, 2014, indicating if the Petitioner wished to proceed. No report was filed. The court issued an Order To Show Cause on January 9, 2014, setting a new deadline of February 13, 2014, for the status report, to which there was no response. The decision notes that the Petitioner failed to file sufficient medical records and evidence to support a finding of vaccine causation, and that the injury was not a Table Injury. The case was dismissed for insufficient proof and failure to prosecute.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00239-0
Date issued/filed: 2014-03-17
Pages: 3
Docket text: PUBLIC DECISION Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:12-vv-00239-UNJ Document 25 Filed 03/17/14 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-239V
(Filed: February 21, 2014)
* * * * * * * * * * * * * * * *
JIHAN SANTAMARIA, * UNPUBLISHED
*
* Special Master
* Hamilton-Fieldman
Petitioners, *
* Influenza Vaccination; Bilateral
v. * Lower Extremity Paralysis;
* Failure to Prosecute; Failure to
SECRETARY OF HEALTH * Follow Court Orders; Dismissal.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Roberta D. Asher, New York, NY, for Petitioner.
Claudia Gangi, Washington, DC, for Respondent.
DECISION1
On April 12, 2012, Petitioner filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that the
1 Because this unpublished decision contains a reasoned explanation for the action
in this case, the undersigned intends to post this decision on the United States Court of
Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No.
107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note
(2006)). In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the
identified material fits within this definition, the undersigned will delete such material
from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of
1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et
seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references
will be to 42 U.S.C. § 300aa of the Act.
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Case 1:12-vv-00239-UNJ Document 25 Filed 03/17/14 Page 2 of 3
influenza vaccination Petitioner received on November 7, 2007, caused her bilateral
lower extremity paralysis.
On November 26, 2013, a digitally-recorded status conference was held to discuss
the status of the case to date. During this conference, Petitioner’s counsel stated that she
had recently been unable to contact her client. The undersigned ordered that by no later
than January 7, 2014, Petitioner’s counsel should file a status report, indicating whether
or not Petitioner wished to proceed forward with her claim. If Petitioner did not wish to
proceed with her claim, Petitioner’s counsel was also to note this in a status report.
Petitioner’s counsel did not file such a status report on January 7, 2014.
On January 9, 2014, the undersigned issued an Order To Show Cause, instructing
Petitioner’s counsel to file a status report, updating the court on the status of the case by
no later than February 13, 2014. Petitioner’s counsel did not respond to that Order.
I. Failure to Prosecute
It is the duty of petitioner to respond to all court orders. Failure to respond to a
court order is deemed noncompliance, and noncompliance is not favorably considered.
As the undersigned reminded Petitioner in her January 9, 2014 order, failure to follow
court orders, as well as the failure to file medical records or an expert medical opinion,
will result in dismissal of Petitioner’s claim. Tsekouras v. Sec’y, HHS, 26 Cl. Ct. 439
(1992), aff’d per curiam, 991 F.2d 810 (Fed. Cir. 1993); Sapharas v. Sec’y, HHS, 35 Fed.
Cl. 503 (1996); Vaccine Rule 21(b).
II. Causation In Fact
To receive compensation under the Program, Petitioner must prove that her
bilateral lower extremity paralysis was caused by the receipt of a vaccine. See §§
13(a)(1)(A) and 11(c)(1). Under the Vaccine Act, a special master cannot find that a
petitioner has proven her case by a preponderance of the evidence based upon “the claims
of a petitioner alone, unsubstantiated by medical records or by medical opinion.” § 13(a).
Petitioner has failed to file sufficient medical records and evidence in this case to support
a finding of vaccine causation. An examination of the record has not uncovered any
evidence that Petitioner suffered a “Table Injury.” Nor does the record contain a medical
opinion or other persuasive evidence indicating that Petitioner’s bilateral lower extremity
paralysis was vaccine-caused. Petitioner has therefore failed to demonstrate that
Petitioner’s bilateral lower extremity paralysis was “actually caused” by a vaccination.
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Case 1:12-vv-00239-UNJ Document 25 Filed 03/17/14 Page 3 of 3
For the reasons herein, this case is dismissed for insufficient proof and for
failure to prosecute. The clerk shall enter judgment accordingly.
IT IS SO ORDERED.
/s/ Lisa D Hamilton-Fieldman.
Lisa D Hamilton-Fieldman
Special Master
3