VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00011
Package ID: USCOURTS-cofc-1_17-vv-00011
Petitioner: Edith Marrero-Fuog
Filed: 2017-01-04
Decided: 2017-07-27
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00011-0
Date issued/filed: 2017-07-27
Pages: 1
Docket text: PUBLIC DECISION (Originally filed: 7/11/2017) regarding 11 DECISION of Special Master Signed by Special Master George L. Hastings. (fl) Copy to parties.
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Case 1:17-vv-00011-UNJ Document 12 Filed 07/27/17 Page 1 of 1
REISSUED FOR PUBLICATION
OR\G\NAL
JUL 27 2017
OSM
Jfn tbe Wniteb QCourt of eberUa.S.l C OQUCRTl aOiFm FEsD ERAL CLAIMS
~tates jf
OFFICE OF SPECIAL MASTERS
FILED
No. 17-0llV
Filed: June 27, 2017
JUN 2 7 20\7
* * * * * * * * * * * * * * * * * * * * * * * * *
* OSM
U.S. COURT OF
EDITH MARRERO-FUOG, * FEDERAL CLAIMS
*
Petitioner, * Failure to Prosecute;
v. * Failure to Follow Court
* Orders; Dismissal
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION DISMISSING PETITION
On January 5, 2017, I filed an Initial Order requiring Edith Marrero-Fuog (the
Petitioner) to file the medical records that are relevant to this case, or a status report, by
February 2 I, 2017. However, Petitioner neither filed the medical records, nor filed a
request for additional time to do so. On March 3, 2017, I filed an Order directing
Petitioner to file her overdue status report immediately. Petitioner did not respond to that
Order. On April 17, 2017, I filed another Order directing Petitioner to file her overdue
status report immediately. Petitioner has not responded.
Since filing her Petition on January 4, 2017, Petitioner has not filed any medical
records, or any other document to support her claim. On May 17, 2017, I filed a "Final
Warning" indicating that this petition would be dismissed if Petitioner failed to respond.
Again, Petitioner has not responded.
Petitioner has not prosecuted this case or responded to court orders, nor has she
offered any explanation for her failure to do so. It is Petitioner's duty to prosecute her
case, and to follow court orders. Tsekouras v. Secy, HHS, 26 Cl. Ct. 439 (1992), aff'd
per curiam, 991F.2d810 (Fed. Cir. 1993); Sapharas v. Sec'y, HHS, 35 Fed. Cl. 503
( 1996); Vaccine Rule 21 (b). Accordingly, this case is dismissed for failure to
prosecute and failure to follow court orders. The clerk shall enter judgment
accordingly.
IT IS SO ORDERED.
,#7~
George L. Hasifi1is:Jf>
Special Master