VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00476
Package ID: USCOURTS-cofc-1_15-vv-00476
Petitioner: Roy Bush
Filed: 2015-05-11
Decided: 2017-02-23
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Roy Bush filed a petition for compensation under the National Vaccine Injury Compensation Program on May 11, 2015, alleging injury from a vaccine listed on the Vaccine Injury Table. Initially, Mr. Bush was represented by counsel. His attorney was granted leave to withdraw on August 2, 2016. A status conference was held on September 28, 2016, during which Mr. Bush informed the court that he was seeking new counsel. Following this conference, the Special Master ordered Mr. Bush to file a status report by November 14, 2016, detailing his progress in retaining new legal representation. Court staff attempted to contact Mr. Bush by telephone on November 21, 2016, leaving a voicemail requesting the status report. Mr. Bush did not respond. A second attempt to contact him by telephone on November 28, 2016, was also unsuccessful. On November 30, 2016, the Special Master issued an Order to Show Cause, directing Mr. Bush to file a status report or otherwise demonstrate why his case should not be dismissed for failure to prosecute, by January 17, 2017. The order explicitly stated that failure to respond would result in dismissal. Mr. Bush did not file the required status report, nor did he contact the court to indicate his intention to continue prosecuting the case. He never contacted chambers or otherwise responded to the court's orders. The Special Master noted that it is the petitioner's responsibility to prosecute their case and comply with court orders, citing Tsekouras v. Sec'y, HHS and Sapharas v. Sec'y, HHS, as well as Vaccine Rule 21(b). Consequently, the case was dismissed on February 23, 2017, for failure to prosecute and failure to follow court orders. The clerk was directed to enter judgment accordingly. The public decision was reissued for publication on February 23, 2017.

Theory of causation field:
Petitioner Roy Bush filed a petition on May 11, 2015, alleging injury from a vaccine listed on the Vaccine Injury Table. The specific vaccine, vaccination date, and alleged injury are not detailed in the provided public text. The case was dismissed on February 23, 2017, by Special Master Mindy Michaels Roth for failure to prosecute and failure to follow court orders, after the petitioner failed to respond to court communications and orders, including an Order to Show Cause. The petitioner was initially represented by counsel, who was relieved on August 2, 2016. The petitioner stated he was seeking new counsel but did not file required status reports. No specific theory of causation, medical experts, or evidence regarding the alleged injury or its link to vaccination was presented or discussed in the public decision, as the dismissal was procedural. The outcome was dismissal.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00476-1
Date issued/filed: 2017-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/27/2017) regarding 33 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (kh) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00476-UNJ Document 34 Filed 02/23/17 Page 1 of 2
REISSUED FOR PUBLICATION
23 FEB 2017
OSM
U.S. COURT OF FEDERAL CLAIMS
3Jn tbe mntteb $)tates QCourt of jfe beral QCiaims
OFFICE OF SPECIAL MASTERS
FILED
No. l 5-476V
Filed: January 27, 2017
JAN 27 2017
************* *
U.S. COURT OF
ROY BUSH, *
FEDERAL CLAIMS
*
Petitioner, * Dismissal; Failure to Prosecute;
* Failure to Follow Court Orders.
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Roy Bush, prose, Pound, VA.
Linda Renzi, United States Department ofJ ustice, Washington, DC, for respondent.
DECISION DISMISSING PETJTION1
Roth, Special Master:
On May 11, 2015, petitioner filed a petition for compensation in the National
Vaccine Injury Compensation Program,2 alleging that he was injured by a vaccine listed
on the Vaccine Injury Table. See generally, Petition, ECF No. 1. At that time, petitioner
was represented by counsel. Counsel subsequently filed a motion to be relieved, which
1 Because this W1published decision contains a reasoned explanation for the action in this case, it
will be posted on the United States Court of Federal Claims' website, in accordance with the E
Government Act of2002 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance
with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy.
Further, consistent with the rule requirement, a motion for redaction must include a proposed
redacted decision. If, upon review, I agree that the identified material fits within the requirements
of that provision, I will delete such material from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter
""Vaccine Act" or ·'the Act"). Hereafter, individual section references will be to 42 U.S.C. §
300aa of the Act.

Case 1:15-vv-00476-UNJ Document 34 Filed 02/23/17 Page 2 of 2
was granted on August 2, 2016. See Motion to Withdraw as Attorney, filed April 4, 2016,
ECF No. 25; Order, issued August 2, 2016, ECF No. 29.
On September 28, 2016, the undersigned held a status conference with Mr. Bush
and respondent's counsel; at this time, petitioner advised the Court that he was in the
process of looking for alternative counsel. Following that status conference, the
undersigned issued an order requiring petitioner, Mr. Roy Bush, to file a Status Report by
no later than November 14, 2016, updating the Court on his progress in retaining a new
attorney. Scheduling Order, issued September 29, 2016, ECF No. 31.
On November 21, 2016, chambers staff attempted to contact Mr. Bush via
telephone, leaving a voicemail requesting that he submit the required Status Report as
soon as possible. Mr. Bush did not respond to this communication. On November 28,
2016, chambers staff again attempted to contact Mr. Bush via telephone, but were unable
to reach him.
On November 30, 2016, the undersigned issued an Order to Show Cause,
requiring petitioner to file a status report or otherwise show cause for why his case should
not be dismissed for failure to prosecute, by no later than Tuesday, January 17, 2017.
Petitioner was advised that failure to respond to court orders would result in the dismissal
of his claim. Petitioner did not file a status report, nor did he contact the Court in any way
to indicate that he still intended to prosecute his case. Petitioner never contacted
chambers or otherwise responded.
It is petitioner's duty to prosecute his case, and to follow court orders. Tsekouras
v. Sec'y, HHS, 26 Cl. Ct. 439 (1992), aff'dper curiam, 991F.2d810 (Fed. Cir. 1993);
Sapharas v. Sec'y, HHS, 35 Fed. Cl. 503 (1996); Vaccine Rule 2l(b). Accordingly, this
case is dismissed for failure to prosecute and failure to follow courts orders. The
clerk shall enter judgment accordingly.
IT IS SO ORDERED.
2