Edith Marrero-Fuog v. HHS - other (2017)
Case summary [AI summaries can sometimes make mistakes]
Edith Marrero-Fuog filed a petition for vaccine injury compensation on January 4, 2017. The Special Master issued an initial order on January 5, 2017, directing the petitioner to file relevant medical records or a status report by February 21, 2017.
The petitioner failed to comply with this order. Subsequent orders on March 3, 2017, and April 17, 2017, directing the petitioner to file an overdue status report, also went unanswered.
The Special Master issued a "Final Warning" on May 17, 2017, stating the petition would be dismissed if the petitioner did not respond. The petitioner did not respond to any court orders or file any supporting documents since initiating the case.
The public decision does not describe the specific vaccine(s) or alleged condition(s). Consequently, the Special Master dismissed the petition on July 27, 2017, for failure to prosecute and failure to follow court orders.
The clerk was directed to enter judgment accordingly.
Theory of causation
The public decision does not describe the specific vaccine(s) or alleged condition(s). The petitioner, Edith Marrero-Fuog, filed a petition on January 4, 2017. The Special Master issued multiple orders requiring the petitioner to file relevant medical records or a status report, beginning with an order on January 5, 2017, and followed by orders on March 3, 2017, and April 17, 2017. A "Final Warning" was issued on May 17, 2017. The petitioner failed to respond to any of these orders or file any supporting documentation. The petition was dismissed on July 27, 2017, by Special Master George L. Hastings for failure to prosecute and failure to follow court orders, citing Vaccine Rule 21(b) and case law including Tsekouras v. Secy, HHS and Sapharas v. Sec'y, HHS. No specific theory of causation was presented or evaluated due to the dismissal.
Source PDFs
USCOURTS-cofc-1_17-vv-00011