Susan Marshall v. HHS - Influenza, sepsis, cerebral infarct, subdural hematoma, bronchopneumonia, central nervous system toxoplasmosis, HIV/AIDS, hydrocephalus, end-stage renal disease, hypertension (2016)
Case summary [AI summaries can sometimes make mistakes]
Susan Marshall, acting pro se, filed a petition seeking compensation for the death of her adult son, Antron Javar Thompson, alleging it was a result of an influenza vaccination. The petition was filed on February 2, 2015, after her son's death on January 30, 2013.
The medical records and petition were difficult to understand, with inconsistent dates and allegations. The death certificate listed complications of cerebral infarct due to hypertension, end-stage renal disease, and AIDS as contributing factors.
The Special Master noted multiple instances where Ms. Marshall failed to comply with court orders, including providing contact information and specific details about the alleged vaccination.
Despite warnings and attempts to assist her, Ms. Marshall did not comply with the court's directives.
Consequently, the petition was dismissed for failure to prosecute. Additionally, the court found the claim was untimely filed, as it was received by the court on February 2, 2015, three days after the statutory deadline of January 30, 2015, for claims related to death.
The court affirmed the Special Master's dismissal and denied the motion for review.
Source PDFs
USCOURTS-cofc-1_15-vv-00102