Kristi Weyland-Taylor v. HHS - Influenza, shoulder injury related to vaccine administration (2018)

Filed 2016-09-02Decided 2018-08-13Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kristi Weyland-Taylor filed a petition for vaccine compensation on September 2, 2016, alleging that she received an influenza vaccination on October 14, 2013, which resulted in a shoulder injury related to vaccine administration (SIRVA). The case was initially assigned to the Special Processing Unit and later reassigned.

After several missed deadlines and failure to appear at a status conference, the petitioner filed an Amended Petition on March 19, 2018, reiterating her SIRVA claim. During a status conference on April 5, 2018, the Special Master noted that the petitioner had numerous medical visits for other orthopedic issues following the vaccination but never mentioned her shoulder injury until June 20, 2016, reporting an onset date of 2014, not 2013.

The petitioner's counsel stated that treatment for the shoulder injury was received "off the record." The Special Master ordered the petitioner to file a status report by June 4, 2018, identifying any medical providers who offered such treatment and a mutually agreed-upon date for a fact hearing. The petitioner failed to file the report, despite email reminders.

On June 18, 2018, an Order to Show Cause was issued, warning that failure to respond would result in dismissal. The petitioner did not respond to this order.

Consequently, the case was dismissed for failure to prosecute and failure to follow court orders.

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