Henry Simmons v. HHS - Influenza, neurological demyelinating injury (2016)

Henry Simmons filed a petition on October 22, 2013, alleging that an influenza vaccination he received on October 26, 2010, caused a neurological demyelinating injury. Petitioner's counsel, Joseph Pepper of Conway, Homer & Chin-Caplan, P.C., was unable to contact Mr.

Simmons following the petition's filing. During a status conference on March 25, 2014, Petitioner's counsel reported this inability to reach his client.

Special Master Lisa Hamilton-Fieldman issued an Order to Show Cause, requiring Petitioner's counsel to file a status report by April 29, 2014, indicating whether Petitioner wished to proceed or if contact had been established. Petitioner's counsel filed the status report on April 29, 2014, confirming that despite numerous attempts, he had been unsuccessful in contacting Petitioner since October 23, 2013.

Counsel also noted that he had advised Petitioner that a dismissal would result in a judgment against him, ending all rights in the Vaccine Program. Special Master Hamilton-Fieldman dismissed the petition on April 30, 2014, for failure to prosecute and insufficient proof.

The decision noted that it is the Petitioner's duty to respond to court orders, and failure to do so is considered noncompliance. The Special Master also stated that Petitioner must prove by a preponderance of the evidence that the injury was caused by the vaccine, and that a finding cannot be based on claims alone, unsubstantiated by medical records or opinion.

The record did not contain evidence of a "Table Injury" or any medical opinion or persuasive evidence indicating that Petitioner's neurological demyelinating injury was vaccine-caused. Therefore, Petitioner failed to demonstrate actual causation.

No compensation was awarded.