Angel Blackstone v. HHS - Hepatitis B, seizures and died (2014)

Angel Blackstone filed a petition on behalf of his infant daughter, S.B., alleging that she became ill, suffered seizures, and died on March 26, 2010, as a result of receiving a hepatitis B vaccine, a pneumococcal vaccine, a DTP vaccine, and a flu vaccine on March 24, 2010. The petition was initially filed on March 25, 2013, but the petitioner later corrected the vaccination and death dates.

The court noted that the petition might be untimely. Following a status conference, Mr.

Blackstone was granted time to consult with an attorney, but he failed to report back to the court. Subsequent attempts to contact him for a scheduled status conference were unsuccessful, and court orders were returned as undeliverable.

The court issued an order directing Mr. Blackstone to show cause why the case should not be dismissed for failure to prosecute.

As Mr. Blackstone did not respond to this order, the court dismissed the case for failure to prosecute.

The court also noted that the record did not contain sufficient evidence to establish entitlement to compensation, as there was no evidence of a Table Injury and insufficient proof that the alleged injury and death were vaccine-caused.