VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00739 Package ID: USCOURTS-cofc-1_14-vv-00739 Petitioner: Clementine Block Filed: 2015-09-29 Decided: 2015-09-29 Vaccine: influenza Vaccination date: 2013-01-14 Condition: bilateral optic neuritis and complete vision loss Outcome: dismissed Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioner Clementine Block filed a petition alleging bilateral optic neuritis and complete vision loss following an influenza vaccine on January 14, 2013. The case was dismissed by Special Master Lisa Hamilton-Fieldman on September 29, 2015, for failure to prosecute and insufficient proof. Petitioner's daughter contacted the court stating Petitioner wished to exit the program. Despite attempts by court staff to guide Petitioner, including a show cause order, Petitioner failed to respond or provide necessary documentation, such as medical records or an expert medical opinion. The public decision does not describe the specific mechanism of injury, name any experts, or detail the clinical story beyond the alleged condition. The Special Master found no evidence of a "Table Injury" and insufficient proof that the injury was vaccine-caused, as Petitioner's claims were unsubstantiated by medical records or opinion. No award was made. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00739-0 Date issued/filed: 2015-10-20 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 9/29/2015) regarding 28 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. -------------------------------------------------------------------------------- CCaassee 11::1144--vvvv--0000773399--UUNNJJ DDooccuummeenntt 2289 FFiilleedd 0190//2290//1155 PPaaggee 11 ooff 33 ORIGINAL 3n tfte 3Hmte& States; Court of Jfeberai Claims? OFFICE OF SPECIAL MASTERS FILED No. 14-739V SEP 2920,5 Filed: September 29, 2015 CLEMENTINE BLOCK, UNPUBLISHED Petitioner, Special Master Hamilton-Fieldman SECRETARY OF Dismissal for Failure to Prosecute. HEALTH AND HUMAN SERVICES, Respondent. Clementine Block, Pro Se, Summit, NJ. Ryan Pyles, United States Department ofJustice, Washington, D.C., for Respondent. DISMISSAL DECISION On August 14,2014, Clementine Block ("Petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-l et seq. (2006) ("Vaccine Act"). Petitioner alleged that she suffered from bilateral optic neuritis and complete vision loss as a result ofthe administration ofan influenza ("flu") vaccine on January 14,2013. The undersigned now finds that the information inthe record does not show entitlement to an award under the Program. On July 6, 2015, Petitioner's daughter, Brett Block, contacted the undersigned's Chambers and stated that Petitioner did not wish to represent herself, and that she wished to exit the program. The undersigned's staffadvised Brett Block to advise Petitioner to review the routes to dismissal listed on the Court ofFederal Claims website. Chambers staffalso advised Ms. Block that the undersigned would be willing to conduct a status conference at any time. When, by August 17,2015, a motion regarding Petitioner's exit from the program had not been filed, the undersigned's staffcontacted Petitioner regarding how she wished to proceed. Petitioner stated that, for medical reasons, she was unable to personally pursue her petition, and she requested that the undersigned's staffcontact Brett Block, CCaassee 11::1144--vvvv--0000773399--UUNNJJ DDooccuummeenntt 2289 FFiilleedd 0190//2290//1155 PPaaggee 22 ooff 33 whom Petitioner believed had been appointed torepresent her.1 The undersigned's staff informed Petitioner that her daughter had not, in fact, been appointed to represent her, and that Petitioner would need to take additional steps in the event that she did not wish to proceed on her own behalf. Petitioner again indicated that she was personally unable to take any steps in furtherance ofher claim. On August 19, 2015, the undersigned issued an order directing Petitioner to show cause why this case should not be dismissed for failure to prosecute. Petitioner was given a deadline ofSeptember 15, 2015 to either 1) file a motion to exit the program, or 2) contact the undersigned's Chambers to schedule a status conference. Petitioner was warned that failure to respond to the show cause orderwill be interpreted as either a failure to prosecute or as an inability to provide supporting documents for her claim. In either event, Petitioner was warned, the petition would be dismissed. Petitioner did not contact the undersigned's Chambers or file anything by the September 15,2015 deadline, and she has not filed anything to date. I. Failure to Prosecute It ispetitioner's duty to respond to court orders. Failure to follow court orders, as well as failure to file medical records or an expert medical opinion, shall result in dismissal ofpetitioner's claim. Tsekouras v. Sec'y, HHS,26 CI. Ct. 439 (1992), aff'dper curiam,991 F.2d 810 (Fed. Cir. 1993); Sapharas v. Sec'y, HHS, 35 Fed. CI. 503 (1996); Vaccine Rule 21(b). II. Causation In Fact To receive compensation under the Program, Petitioner must prove either 1)that she suffered a "Table Injury" - i.e., an injury falling within the Vaccine Injury Table - correspondingto her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§ 3OOaa-13(a)(1)(A) and 300aa-l1(c)(1). Under the Vaccine Act,a specialmastercannot findapetitionerhasprovenher case by apreponderanceof the evidence based upon "the claims ofapetitioner alone, unsubstantiated by medical recordsorby medicalopinion." 42 U.S.C. §300aa-13(a)(2006). An examinationofthe record did not uncover any evidence that Petitioner suffered a "Table Injury." Further, the record does not contain a medical opinion or any other persuasive evidence indicating that Petitioner's injury was vaccine-caused. 1Ataprevious statusconference, theundersigned had explainedthat, because Petitioner's daughter isnot anattorney, shecannotrepresent Petitioner inthese proceedingswithout beinglegally appointedas Petitioner'sconservatoror guardian. - V CCaassee 11::1144--vvvv--0000773399--UUNNJJ DDooccuummeenntt 2289 FFiilleedd 0190//2290//1155 PPaaggee 33 ooff 33 Accordingly, it is clear from the record in this case that Petitioner has failed to demonstrate eitherthat she suffered a "Table Injury" or that her injuries were "actually caused" by a vaccination. This case is dismissed for insufficient proofand for failure toprosecute. Theclerk shall enter judgment accordingly.2 IT IS SO ORDERED. Lisa D. Hamilton-Fieidman Special Master 2Thisdocumentconstitutestheundersigned'sfinal"Decision"inthiscase,pursuantto42U.S.C. § 300aa-12(d)(3)(A). IfPetitionerwishestohavethiscase reviewed byaJudge oftheUnited States Court ofFederal Claims,amotion forreviewofthisdecision mustbefiled within30days. After30daysthe ClerkofthisCourtshall enterjudgment inaccord with thisdecision. Ifpetitionerwishestopreserve whateverright petitionermay have tofile acivil suit(that isalaw suit inanothercourt) petitionermust file an "electiontorejectjudgmentinthis case and file acivil action" within 90days ofthefiling ofthe judgment. 42U.S.C.§300aa-21(a).