VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00365
Package ID: USCOURTS-cofc-1_17-vv-00365
Petitioner: Patricia Lopez
Filed: 2017-03-20
Decided: 2017-09-27
Vaccine: influenza
Vaccination date: 2015-09-15
Condition: dizziness, anxiety and depression, SIRVA
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Patricia Lopez alleged that an influenza vaccination on September 15, 2015, caused dizziness, anxiety, and depression, later amended to SIRVA. The case was dismissed for failure to prosecute or prove the case. Petitioner's counsel, Omar Rosales, alleged SIRVA but failed to provide any medical records or expert reports to support the claim, despite multiple orders and extensions from Special Master George L. Hastings, Jr. The public decision does not specify a medical expert or detail the mechanism of injury. No award was made as the petition was dismissed.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00365-0
Date issued/filed: 2017-09-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/14/2017) regarding 13 DECISION of Special Master Signed by Special Master George L. Hastings. (bl) Copy to parties.
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Case 1:17-vv-00365-UNJ Document 16 Filed 09/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-365V
Filed: August 14, 2017
Not to be Published
*************************************
PATRICIA LOPEZ, *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
DECISION DISMISSING PETITION FOR FAILURE TO PROSECUTE OR
PROVE THE CASE
Petitioner filed this case on March 20, 2017, alleging that an influenza vaccination
administered on September 15, 2015, caused her to suffer dizziness, anxiety and depression. On
March 30, 2017, I held a status conference pertaining to this case and 27 other cases filed by Mr.
Omar Rosales, as counsel. After the conference, I issued an Order that same day. In that
Order, I instructed Petitioner’s counsel to further investigate Petitioner’s medical history, and
determine whether Petitioner can supply any competent evidence supporting the allegation that
Petitioner has suffered a vaccine-caused injury.
On April 26, 2017, I issued another order in this case and seven other of the cases filed by
Mr. Rosales, instructing, counsel to complete the above-described review of those eight cases by
June 26, 2017.
On June 26, 2017, Mr. Rosales filed a Status Report in this case, and in each of those
eight cases. In each of the eight cases counsel alleged that the vaccinee suffered the injury
known as SIRVA, which stands for “Should Injury Related to Vaccine Administration.” On
June 27, 2017, I issued an Order in this case giving Petitioner until July 10, 2017, to file all
medical records relevant to her injury claims, and to file evidence indicating that there is some
“reasonable substance” to the claim.

Case 1:17-vv-00365-UNJ Document 16 Filed 09/27/17 Page 2 of 2
On July 10, 2017, Petitioner filed an Amended Petition, claiming once again that
Petitioner suffered SIRVA and other injuries resulting from the flu vaccination in question, but
providing no evidence at all to support that claim. On July 11, I filed an Order giving Petitioner
one more chance to file support for the claim, requiring her to supply a supportive report of a
medical expert within 30 days. That Order concluded by stating that “If counsel is unable to
file an expert report” within the 30-day period, “the case will be dismissed for failure to prove
a vaccine-caused injury”.
That 30 days has now passed, and Petitioner has not filed any response to my Order dated
July 11, nor has Petitioner sought more time to respond. Petitioner has still not provided any
evidence that she suffered a shoulder injury of any type, much less a SIRVA injury. She has
provided no evidence that the vaccination in question harmed her in any way. Accordingly, this
case is hereby DISMISSED for failure to prosecute or prove the case.
IT IS SO ORDERED.
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
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