Stephanie Delguzzi v. HHS - MMR, Juvenile Rheumatoid Arthritis (2018)

On October 14, 2016, Stephanie Delguzzi, as mother and natural guardian of minor S.D., filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that S.D. developed Juvenile Rheumatoid Arthritis and related sequelae as a result of receiving the Hepatitis A, Hib, and Pneumococcal Conjugate ("PCV 13") vaccinations on October 25, 2013, and the MMR, Hepatitis B, and Varicella ("Flu") vaccinations on November 26, 2013.

The case was classified as an "off-Table" claim, meaning the petitioner was required to prove by a preponderance of the evidence that the vaccine caused the injury. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments for S.D.'s alleged condition.

Petitioner's counsel filed a status report on November 27, 2017, detailing the petitioner's failure to cooperate in providing requested evidence and the counsel's need to withdraw. Counsel reported attempts to contact the petitioner, including sending a letter memorializing a conversation and making three separate unsuccessful contact attempts.

Due to difficulties in communication, counsel hired a private investigator to locate the petitioner in Florida after she moved without a forwarding address. Petitioner's counsel's motion to withdraw was granted on January 10, 2018.

The petitioner was instructed to contact the Special Master's law clerk by February 26, 2018, to schedule a status conference, but failed to do so or communicate with the Court. Consequently, on March 7, 2018, an Order to Show Cause was issued, directing the petitioner to explain why the case should not be dismissed for insufficient proof and failure to prosecute.

This order was returned as undeliverable, with the certified mail slip noting "Refused." A subsequent Order to Show Cause was sent via regular first-class mail and certified mail, but was also returned as undeliverable, with the certified mail slip again noting "Refused." The Special Master noted that it is the petitioner's obligation to follow court orders and that failure to do so, as well as failure to file sufficient medical records or an expert medical opinion, can result in dismissal. The petitioner refused to cooperate with counsel or comply with court orders.

The evidence submitted did not show by preponderant evidence that S.D. is entitled to compensation under the Vaccine Act, and the petitioner failed to offer any evidence showing that the vaccinations caused the alleged injuries. The petition was dismissed for insufficient proof and failure to prosecute by Special Master Mindy Michaels Roth on July 16, 2018.

The public decision does not name petitioner's counsel, respondent's counsel, or any experts. No award amount or annuity terms are mentioned as the case was dismissed.