Deborah A. Catron v. HHS - Influenza, transverse myelitis (2014)

Deborah A. Catron filed a petition on November 26, 2012, alleging that an influenza (flu) vaccination she received on September 15, 2009 caused her to develop Transverse Myelitis.

The case was characterized by persistent failures to prosecute. Despite multiple court orders, subpoena authorizations, and explicit warnings of possible dismissal, petitioner failed to file timely status reports and responses.

When petitioner did not respond to an Order to Show Cause issued December 6, 2013, her counsel John McHugh simultaneously filed a motion to withdraw, citing client unresponsiveness and an inability to locate records of the injury onset date. Counsel also noted a potential statute of limitations issue related to the onset date and the November 26, 2012 filing date.

Counsel subsequently indicated an intention to file a motion to dismiss, but never did so. Special Master Dorsey dismissed the petition on May 6, 2014 on two independent grounds: (1) failure to prosecute, given petitioner's numerous failures to comply with court orders; and (2) insufficient proof, because no expert witness reports had been filed, no hearing had been held, and the record contained no preponderant evidence that petitioner's alleged injuries were vaccine-caused or fell within the Vaccine Injury Table.