Tara Heine v. HHS - Influenza, chronic severe right shoulder and neck pain (2017)

Tara Heine filed a petition alleging that she suffered chronic severe right shoulder and neck pain as a result of receiving the influenza vaccine on October 1, 2013. Her petition was filed on May 31, 2016.

The case was assigned to the Special Processing Unit, and petitioner was ordered to file required medical records and a statement of completion by October 14, 2016. She filed some documentation late on October 17, 2016, and requested an extension, which was granted until November 14, 2016.

Over the next three months, she sought and received several more extensions, but additional evidence was never filed. On February 13, 2017, her counsel filed a motion for a status conference, stating that he had been unable to contact Ms.

Heine despite multiple attempts and intended to withdraw from the case. A status conference was held on March 3, 2017, where counsel reiterated his inability to contact the petitioner and his intention to withdraw due to the lack of necessary evidence.

On April 27, 2017, Ms. Heine was ordered to show cause why her claim should not be dismissed for insufficient proof and failure to prosecute, but she did not respond.

The court noted that it is the petitioner's obligation to follow court orders and that failure to do so, as well as failure to file medical records or an expert opinion, results in dismissal. The court also stated that a petitioner cannot be awarded entitlement based on claims alone and must provide preponderant evidence, including a medical theory, a logical sequence of cause and effect, and a proximate temporal relationship, especially for off-Table claims.

Since Ms. Heine failed to support her claim with sufficient proof, including medical records and expert opinions, and failed to communicate with her attorney or respond to the court's order, the case was dismissed for insufficient proof and failure to prosecute.