Clementine Block v. HHS - Influenza, bilateral optic neuritis and complete vision loss (2015)

Clementine Block, proceeding pro se, filed a petition on August 14, 2014, alleging that she suffered bilateral optic neuritis and complete vision loss as a result of an influenza vaccine administered on January 14, 2013. The respondent was the Secretary of Health and Human Services.

Special Master Lisa Hamilton-Fieldman issued a dismissal decision on September 29, 2015. The decision noted that on July 6, 2015, Petitioner's daughter, Brett Block, contacted the Special Master's Chambers stating that Petitioner wished to exit the program and did not wish to represent herself.

Chambers staff advised Brett Block to inform Petitioner of the dismissal routes on the Court of Federal Claims website and offered to conduct a status conference. When no motion regarding Petitioner's exit had been filed by August 17, 2015, staff contacted Petitioner, who stated that due to medical reasons she was unable to personally pursue her petition and requested staff contact Brett Block, whom she believed had been appointed to represent her.

Staff informed Petitioner that her daughter had not been appointed to represent her and that additional steps would be necessary if Petitioner did not wish to proceed pro se. Petitioner reiterated her inability to take steps to further her claim.

On August 19, 2015, the Special Master issued an order directing Petitioner to show cause why the case should not be dismissed for failure to prosecute, setting a deadline of September 15, 2015, to either file a motion to exit the program or contact Chambers to schedule a status conference. Petitioner was warned that failure to respond would be interpreted as a failure to prosecute or an inability to provide supporting documents, leading to dismissal.

Petitioner did not respond to the order by the deadline or file anything to date. The Special Master found that Petitioner had a duty to respond to court orders and that failure to do so, or failure to file medical records or an expert medical opinion, could result in dismissal, citing Tsekouras v.

Sec'y, HHS and Sapharas v. Sec'y, HHS.

To receive compensation, Petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The Special Master found no evidence of a "Table Injury" in the record and no medical opinion or other persuasive evidence indicating the injury was vaccine-caused, noting that a petitioner's claims alone, unsubstantiated by medical records or opinion, are insufficient.

The Special Master concluded that Petitioner failed to demonstrate a "Table Injury" or that her injuries were "actually caused" by a vaccination and dismissed the case for insufficient proof and failure to prosecute. The Clerk was directed to enter judgment accordingly.

The decision noted that a motion for review by a Judge of the United States Court of Federal Claims must be filed within 30 days, and an election to reject judgment and file a civil action must be filed within 90 days.