VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00734 Package ID: USCOURTS-cofc-1_14-vv-00734 Petitioner: Melissa Hall Filed: 2014-07-23 Decided: 2015-07-23 Vaccine: hepatitis B Vaccination date: 2011-08-16 Condition: autoimmune encephalitis Outcome: dismissed Award amount USD: AI-assisted case summary: Melissa Hall filed a petition on July 23, 2014, alleging that a hepatitis B vaccine received on August 16, 2011, caused her to suffer autoimmune encephalitis. She did not file any medical records or proof of vaccination with her petition. The court granted her motion to proceed in forma pauperis and provided lists of attorneys who practice in the Vaccine Program. After multiple attempts to schedule a status conference and subsequent orders to show cause for failure to prosecute, the court received no communication from Ms. Hall. Consequently, the case was dismissed for failure to prosecute. The decision noted that to prove causation, a petitioner must establish a medical theory connecting the vaccination and injury, a logical sequence of cause and effect, and a proximate temporal relationship, supported by reputable medical or scientific explanations. Ms. Hall failed to provide any medical records or expert opinion to support her allegations, which is required under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00734-0 Date issued/filed: 2015-08-13 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 07/23/2015) regarding 10 DECISION of Special Master Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00734-UNJ Document 11 Filed 08/13/15 Page 1 of 3 ORIGINAL 3tit tfje ©mteb States Court of jfeberal Claim* OFFICE OF SPECIAL MASTERS No. 14-734V Filed: July 23, 2015 Not for Publication FILED JUL 2 3 2015 MELISSA HALL, * U.S.COURTOF * FEDERAL CLAIMS Petitioner, * * Dismissal decision; failure to prosecute v. * SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ************************************* Melissa Hall, Wood River, NE, petitioner (pro se). Ann P. Martin, Washington, DC, for respondent. MILLMAN, Special Master DECISION1 OnAugust 13, 2014, petitioner filed apetition under theNational Childhood Vaccine Injury Act of1986 (hereinafterthe "Vaccine Act" orthe "Act"), 42U.S.C. §§ 300aa-10-34 (2012), alleging that the hepatitis Bvaccine she received onAugust 16, 2011, causedhertosuffer autoimmune encephalitis. Petitionerdidnotfile anymedical records orproofofvaccinationwith her petition. 1Because this unpublished decision contains areasoned explanation for thespecial master's action inthis case, thespecial master intends topostthisunpublished decision ontheUnited States Court ofFederal Claims' website,inaccordancewiththeE-GovernmentActof2002,Pub.L.No. 107-347, 116Stat.2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states thatalldecisions ofthespecial masters will bemade availabletothe public unless theycontaintrade secrets orcommercial orfinancial informationthat is privileged and confidential, ormedical orsimilar informationwhose disclosure would constitute aclearly unwarranted invasion ofprivacy. When such adecision isfiled, petitionerhas 14days toidentify and move todelete such information priortothedocument's disclosure. Ifthespecial master, upon review, agreesthatthe identified material fits within the banned categories listed above, the special master shall delete such material from public access. 1 Case 1:14-vv-00734-UNJ Document 11 Filed 08/13/15 Page 2 of 3 OnAugust21,2014,the undersignedissuedanOrdergrantingpetitioner's motionto proceedinformapauperis. AttachedtothatOrderwasa36-pagelistofattorneyswhopracticein theVaccineProgram,incasepetitionerwantedto berepresentedbycounsel. Aftertheundersigned's staffcontactedpetitioner bytelephone to set up afirst status conference,theundersignedissuedanOrderdatedSeptember9,2014,settingWednesday, October8,2014,at2:00p.m.(EDT)forthefirsttelephonic statusconference. Attached tothat Orderwasanothercopyofthe listofattorneysadmittedto practiceinthe VaccineProgram. On October 8,2014, at 2:00p.m. (EDT),the undersigned's stafftelephoned petitioner a number oftimesregarding thescheduled telephonic status conference. Theundersigned's staff lefttwotelephone messages onpetitioner's answering machine. Petitioner didnottelephone the undersigned's staff. OnOctober 9,2014, the undersigned issuedan Order statingthat petitioner had until October17,2014,tocontacttheundersigned's lawclerkbytelephoneore-mail. Ifpetitioner failed todoso,theundersigned would issueanOrdertoShowCause whythiscaseshould notbe dismissed for failure to prosecute. Petitionerdidnotcontacttheundersigned's lawclerk. TheundersignedissuedanOrder toShow Cause why thecase should notbedismissed onOctober 20,2014. TheOrder directed petitionertocontact theundersigned's law clerk byOctober 31, 2014, orthecase would be dismissed forfailure toprosecute. ThisOrderwasmailedtopetitioner'slastknownaddress. Todate, theundersigned's chambers hasreceived nocommunication from petitioner. Accordingly, this case is DISMISSED for failure to prosecute. DISCUSSION UnderRule 41(b) oftheRules oftheUnited States Claims Court, "thecourt may dismiss a case onitsownmotion, '[fjor failure oftheplaintifftoprosecute ortocomply with these rules or any order ofcourt. ...'" Tsekouras v.Sec'vofHHS, 26CI. Ct. 439, 442 (Fed. CI. 1992) (quoting Claude E. Atkins Enterprises. Inc. v. United States. 899 F.2d 1180, 1183 (Fed. Cir. 1990)). Petitioner failed torespond tothe court's attempts tocontactherand tothe undersigned's October 20, 2014 Orderto Show Cause. Tosatisfy herburden ofproving causation infact, petitioner must prove bypreponderant evidence: "(1) amedical theory causally connecting thevaccination and theinjury; (2)alogical sequence ofcause and effect showing that the vaccination was the reason for the injury; and (3) a showing ofaproximatetemporal relationship betweenvaccination and injury." Althen v. Sec'vof HHS, 418 F.3d 1274, 1278 (Fed. Cir. 2005). InAlthen, theFederal Circuit quoted itsopinion in Grant v. Secretary ofHealth and Human Services, 956 F.2d 1144, 1148 (Fed. Cir. 1992): Case 1:14-vv-00734-UNJ Document 11 Filed 08/13/15 Page 3 of 3 Apersuasive medical theory isdemonstrated by "proofofalogical sequence of cause and effect showing thatthevaccinationwas thereason fortheinjury[,]" the logical sequence being supported by"reputable medical orscientific explanation^]" i.e., "evidence inthe form ofscientific studies orexpert medical testimony[.]" 418F.3datl278. Without more, "evidence showing anabsence ofother causes does notmeet petitioner's affirmative duty to show actual or legal causation." Grant, 956 F.2d at 1149. Mere temporal association isnotsufficienttoprovecausation infact. Id.at 1148. Petitioner did not file proofofvaccination, any medical records, oranexpert medical opinion in supportofher allegations. The Vaccine Actdoes not permitthe undersignedto rule in favor ofpetitionerbased solely onher allegations, unsupported by medical records ormedical opinion. 42U.S.C. §300aa-13(a)(1). This petition ishereby DISMISSED forfailure toprosecute. CONCLUSION Petitioners' petitionisDISMISSED. Inthe absence ofamotionfor reviewfiled pursuant to RCFC Appendix B, the clerk ofthe court is directed to enterjudgmentherewith.2 IT IS SO ORDERED. (mjxhjx- Dated: July 23. 2015 Laura D. Millman Special Master 2Pursuantto Vaccine Rule 11(a), entry ofjudgmentcan be expeditedbyeach party, either separatelyor jointly, filing anotice renouncingthe righttoseek review.