Patricia Lopez v. HHS - Influenza, dizziness, anxiety and depression, SIRVA (2017)

Patricia Lopez filed a petition on March 20, 2017, alleging that an influenza vaccination administered on September 15, 2015, caused her to suffer dizziness, anxiety, and depression. The Special Master, George L.

Hastings, Jr., held a status conference on March 30, 2017, and ordered counsel, Omar Rosales, to investigate Ms. Lopez's medical history and determine if competent evidence supported the vaccine injury allegation.

On April 26, 2017, the Special Master issued another order setting a deadline of June 26, 2017, for counsel to complete this review for this and seven other cases. On June 26, 2017, counsel filed a status report alleging that the vaccinee suffered SIRVA (Shoulder Injury Related to Vaccine Administration).

On June 27, 2017, the Special Master ordered Petitioner to file all relevant medical records and evidence indicating "reasonable substance" to the claim by July 10, 2017. On July 10, 2017, Petitioner filed an Amended Petition, again claiming SIRVA and other injuries, but provided no supporting evidence.

On July 11, 2017, the Special Master issued a final order giving Petitioner 30 days to file a supportive report from a medical expert, warning that failure to do so would result in dismissal for failure to prove a vaccine-caused injury. The 30-day period passed without any response or request for extension.

Petitioner had still not provided any evidence of a shoulder injury or any harm from the vaccination. Accordingly, the case was dismissed on September 27, 2017, for failure to prosecute or prove the case.

The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments. The respondent is the Secretary of Health and Human Services.

Petitioner's counsel was Omar Rosales. The Special Master was George L.

Hastings, Jr.