Jerome Unick v. HHS - Influenza, cellulitis and chronic joint pain (2017)

Jerome Unick filed a petition on October 19, 2015, alleging that a flu vaccine administered on October 22, 2012, caused him to develop cellulitis and chronic joint pain. He was granted leave to proceed in forma pauperis.

The case progressed through several status conferences, during which Mr. Unick, who was proceeding pro se, indicated difficulty in retaining legal counsel and in gathering medical records.

The court noted that the medical records did not establish causation, suggesting prior joint pain and no physician opinions supporting the vaccine as the cause. Furthermore, the records did not show the alleged injuries persisted for the required six months.

The court ordered Mr. Unick to provide an expert opinion to establish causation and the duration of his injuries, granting multiple extensions to allow him to do so.

Despite these extensions, Mr. Unick was unable to obtain an expert report.

Ultimately, the court dismissed the case for failure to prosecute, as Mr. Unick could not provide the necessary supporting documentation, specifically an expert opinion, to establish that the vaccine caused his alleged injuries.