Carla Theeman v. HHS - Influenza, demyelinating brain disease (2019)
Case summary [AI summaries can sometimes make mistakes]
Carla Theeman filed a petition on January 14, 2016, alleging that an influenza vaccine caused her to develop a demyelinating brain disease. Ms.
Theeman was initially represented by counsel but became prose on November 28, 2017. The Special Master issued an order requiring Ms.
Theeman to file a status report by January 29, 2018, regarding her progress in retaining new counsel. Ms.
Theeman failed to comply with this deadline. A subsequent order on February 6, 2018, again directed Ms.
Theeman to file a status report by April 9, 2018, but she failed to respond. An order to show cause sent on April 17, 2018, was returned as "unable to forward." A second order to show cause on May 16, 2018, warned that the case would be dismissed if Ms.
Theeman did not contact the court by June 18, 2018. Ms.
Theeman contacted chambers staff on May 24, 2018, stating she had moved and agreeing to provide a new address, but she failed to do so. Despite multiple voicemails left by court staff, Ms.
Theeman did not provide her updated contact information. A third order to show cause on April 2, 2019, was returned as "unable to forward." A final order to show cause on April 26, 2019, required Ms.
Theeman to file a status report by May 10, 2019, but this order was also returned as unclaimed mail. Ms.
Theeman left a voicemail on May 9, 2019, asking for a call back, but did not provide her address or indicate if she had retained counsel. On August 8, 2019, Ms.
Theeman informed court staff that she had not retained new counsel and agreed to provide updated medical records. An order issued the same day required her to file a status report by October 7, 2019, and reminded her of the need to respond to court orders and remain in contact.
Ms. Theeman failed to file the status report, respond to the court, or provide the promised medical records.
The Special Master noted that the case had been pending for over three years and Ms. Theeman had been prose for 23 months, during which she failed to prosecute her case or follow court orders despite numerous opportunities.
The case was dismissed on November 18, 2019, for failure to prosecute and failure to follow court orders. The public decision does not name petitioner's counsel, respondent's counsel, or detail the specific medical evidence or expert testimony presented, as the case was dismissed for procedural reasons.
Theory of causation
The public text does not clearly describe the petitioner's theory of causation. The petition alleged that an influenza vaccine caused a demyelinating brain disease. The case was dismissed on November 18, 2019, by Special Master Mindy Michaels Roth for failure to prosecute and failure to follow court orders. The petitioner, Carla Theeman, was prose for 23 months and failed to respond to multiple court orders, status report requirements, and attempts to update her contact information after moving. No specific medical experts, clinical details regarding the alleged injury onset or progression, diagnostic tests, or treatments were detailed in the public decision, as the dismissal was based on procedural grounds rather than a review of the merits of the claim. The respondent was the Secretary of Health and Human Services. Petitioner was represented by Carla Theeman, prose, and respondent was represented by Alexis Babcock, Esq. The award amount is not applicable as the case was dismissed.
Source PDFs
USCOURTS-cofc-1_16-vv-00080