VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01350
Package ID: USCOURTS-cofc-1_16-vv-01350
Petitioner: S. D.
Filed: 2016-10-14
Decided: 2018-07-16
Vaccine: MMR
Vaccination date: 2013-11-26
Condition: Juvenile Rheumatoid Arthritis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Stephanie Delguzzi filed an off-Table claim on behalf of minor S.D. alleging Juvenile Rheumatoid Arthritis resulting from Hepatitis A, Hib, PCV 13 vaccinations on October 25, 2013, and MMR, Hepatitis B, and Varicella vaccinations on November 26, 2013. The claim required proof by a preponderance of the evidence that the vaccines caused the injury. The petitioner failed to cooperate with counsel, provide requested evidence, and comply with court orders, including two Orders to Show Cause which were returned as undeliverable ("Refused"). The Special Master found that the petitioner failed to offer any evidence showing that the vaccinations caused the alleged injuries and failed to prosecute the case. The public decision does not describe the specific mechanism of causation, name any experts, or provide any medical literature supporting the theory. The petition was dismissed for insufficient proof and failure to prosecute by Special Master Mindy Michaels Roth on July 16, 2018. Petitioner's counsel filed a motion to withdraw, which was granted. Respondent was the Secretary of Health and Human Services. No award was granted.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01350-1
Date issued/filed: 2018-07-16
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 6/14/2018) regarding 35 DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (fm) Service on parties made.
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Case 1:16-vv-01350-UNJ Document 36 Filed 07/16/18 Page 1 of 3
REISSUED FOR PUBLICATION
JUL 16 2018
OSM
U.S. COURT OF FEDERAL CLAIMS
3Jn tbe Wniteb QCourt of jfe beral QClaims
~tates
OFFICE OF SPECIAL MASTERS
No. 16-1350V
Filed: June 14, 2018 FILED
************* * *
JUN 1 2018
~
*
STEPI IANIE DELGUZZI, as Mother and
*
Natural Guardian ofM inor, S. D., U.S. COURT OF
FEDERAL CLAIMS
*
Petitioner, *
v. * Dismissal; Insufficient Proof of Causation;
* Failure to Prosecute; Juvenile Rheumatoid
SECRETARY OF HEALTH * Arthritis; Hepatitis A, Hib, Pneumococcal
AND HUMAN SERVICES, * Conjugate ("PCV 13"), MMR, Hepatitis B,
* and Varicella ("Flu") vaccinations;
Respondent. *
*
****** ******* * *
Stephanie Delguzzi, Pro Se.
Robert P. Coleman, Ill, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION DISMISSING THE PETITION1
Roth, Special Master:
On October 14, 2016, Stephanie Delguzzi ("petitioner") filed a petition on behalf of her
minor daughter, S.D., pursuant to the National Vaccine Injury Compensation Program.
Petitioner alleges that S.D. developed Juvenile Rheumatoid Arthritis and related sequela as a
result of receiving the Hepatitis A, Hib, and Pneumococcal Conjugate ("PCV 13") vaccinations
on October 25, 2013, and MMR, Hepatitis B, and Varicella ("Flu") vaccinations on November
26, 2013. Petition, ECF No. 1.
On November 27, 2017, petitioner's counsel filed a status report setting fmih details
regarding petitioner's failure to cooperate in providing any additional evidence requested on
multiple occasions, and counsel's need to file a Motion to Withdraw as Attorney of record. ECF
Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance with the
E-GovernmentActof2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at44
U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a patty has 14 days to identify and
move to delete medical or other information that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that
provision, I will delete such material from public access.
1

Case 1:16-vv-01350-UNJ Document 36 Filed 07/16/18 Page 2 of 3
No. 20. Counsel indicated that he spoke with petitioner on September 20, 2017; sent her a letter
memorializing their conversation on September 22, 2017; and attempted to contact petitioner on
three separate occasions to no avail.2
On December 27, 2017, petitioner's counsel filed a Motion for Attorneys' Fees and
Costs, and a Decision granting same, was entered on January 9, 2018. ECF No. 25. Petitioner's
counsel then filed a motion to be relieved as counsel, which was granted on January 10, 2018.
ECF No. 28. A copy of the order was mailed to petitioner with instructions to contact my law
clerk by February 26, 2018, to schedule a status conference. Petitioner failed to do so or
otherwise communicate with the Court.
As a result of petitioner's failure comply with the Comi's order, on March 7, 2018, the
undersigned issued an Order to Show Cause, instructing petitioner to show cause as to why this
case should not be dismissed for insufficient proof and failure to prosecute by April 23, 2018.
Order, ECF No. 31. On April 24, 2018, the Clerk of Court entered a docket entry noting that the
Court's order was "Returned as Undeliverable."3 ECF No. 33. The Court issued another Order
to Show Cause instructing the Clerk of Comito send a copy of the Order to petitioner via regular
first class mail and certified mail. Order, ECF No. 33. On May 7, 2018, the Clerk of Court
entered a docket entry noting that the Court's order was again "Returned as Undeliverable."4
ECFNo. 34.
Under the Vaccine Act, a petitioner may prevail in one of two ways. First, a petitioner
may demonstrate that he suffered a "Table" injury-i.e., an injury listed on the Vaccine Injury
Table that occurred within the time period provided in the Table. § 11 ( c )(1 )(C)(i). "In such a
case, causation is presumed." Capizzano v. Sec'y o,f Health & Human Servs., 440 F.3d 1317,
1320 (Fed. Cir. 2006); see§ 13(a)(l)(B). Second, where the alleged irijury is not listed in the
Vaccine Injury Table, a petitioner may demonstrate that he suffered an "off-Table" injury.
§ 11 ( c )(1 )(C)(ii). An "off-Table" claim requires that the petitioner "prove by a preponderance of
the evidence that the vaccine at issue caused the injury." Capizzano, 440 F.3d at 1320; see §
1 l(c)(l)(C)(ii)(Il). A petitioner need not show that the vaccination was the sole cause, or even
the predominant cause, of the alleged injury; showing that the vaccination was a "substantial
factor" and a "but for" cause of the injury is sufficient for recovery. Pafford v. Sec'y ofH ealth &
Human Servs., 451 F.3d 1352, 1355 (Fed. Cir. 2006); Shyface v. Sec'y ofH ealth & Human
Servs., 165 F.3d 1344, 1352 (Fed. Cir. 1999). In addition, the Vaccine Act requires petitioners to
show by preponderant evidence that the "residual effects or complications" of the alleged
vaccine-related injury lasted for more than six months. § 11 (c )(1 )(D)(i).
2 Due to petitioner's counsel's difficulties in communicating with petitioner, he was forced
to hire a private investigator to locate petitioner in Florida after she moved leaving no forwarding
address.
3 The docket entry contains the cetiified mail slip noting that the Order was "Refused" and
returned to sender. See ECF No. 32.
4 The docket entry contains the ce1iified mail slip noting that the Order was "Refused" and
returned to sender. See ECF No. 34.
2

Case 1:16-vv-01350-UNJ Document 36 Filed 07/16/18 Page 3 of 3
In this case, petitioner does not allege an injury listed on the Vaccine Injury Table; thus,
petitioner's claim is classified as "off-Table," which requires that she "prove by a preponderance
of the evidence that the vaccine at issue caused the injury." Capizzano, 440 F.3d at 1320. "[T]o
show causation under the preponderance of the evidence standard," a petitioner "must proffer
trustworthy testimony from experts who can find support for their theories in medical literature."
Lalonde v. Sec'y ofH ealth & Human Servs., 746 F.3d 1334, 1341 (Fed. Cir. 2014); see also
Althen, 418 F.3d at 1278 (explaining that a petitioner's claim must be "supported by 'reputable
medical or scientific explanation,' i.e., 'evidence in the form of scientific studies or expe1t
medical testimony"' (citation and alteration omitted)); Shyface, 165 F.3d at 1351 ("[E]vidence in
the form of scientific studies or expert medical testimony is necessary to demonstrate causation."
(citation and emphasis omitted)).
The undersigned ordered petitioner to contact the Court to schedule a status conference
six-months ago, which petitioner has failed to do. Thereafter, two Orders to Show Cause were
issued and sent to petitioner by mail, but were "Refused" from the postal service. It is
petitioner's obligation to follow Court orders. Failure to follow Court orders, as well as failure
to file sufficient medical records or an expert medical opinion, can result in dismissal of a
petitioner's claims. See e.g., Tsekouras v. Sec '.Y ofH ealth & Human Servs., 26 Cl. Ct. 439, 441
(1992), aff'd, 991 F.2d 810 (Fed. Cir. 1993); Sapharas v. Sec '.Y ofH ealth & IIuman Servs., 35
Fed. Cl. 503, 504 (1996); see also Vaccine Rule 2l(b).
The petitioner herein refused to cooperate with counsel or comply with Court orders.
The evidence submitted in this matter by petitioner, after careful review, does not show by
preponderant evidence that she is entitled to compensation under the Vaccine Act. Petitioner has
failed to offer any evidence showing that the vaccinations S.D. received caused her alleged
injuries. This case is therefore DISMISSED for insufficient proof and failure to prosecute.
The clerk shall enter judgment accordingly. _._:
.
IT IS SO ORDERED.
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Date:
Mindy Michlels Roth
Special Mapter
3