Norma Soltys v. HHS - MMR, Guillain-Barré syndrome (2019)

Norma Soltys filed a petition on March 21, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that the measles/mumps/rubella vaccine she received on February 15, 2016, caused her to develop Guillain-Barré syndrome.

The case was initially assigned to the Special Processing Unit, intended for claims likely to settle or be easily resolved. Petitioner filed medical records on March 22, 2017.

The case was transferred to Special Master Brian H. Corcoran in April 2017.

Following a status conference, the parties were tasked with identifying missing medical records. Petitioner filed additional medical records in June and August 2017.

Respondent filed a Rule 4(c) Report on October 19, 2017, stating that Petitioner had presented insufficient evidence, citing a failure to file medical records, expert reports, or scientific literature causally linking the vaccine to her alleged injury. A status conference on October 31, 2017, resulted in an order for Petitioner to submit an expert report by January 12, 2018.

Petitioner did not meet this deadline and obtained several extensions, eventually filing an expert report from Dr. M.E.

Gershwin, M.D., and medical literature on April 27, 2018. After a May 8, 2018 status conference, Petitioner submitted an affidavit describing symptom onset on May 30, 2018.

Respondent filed an expert report from Dr. Harry Schroeder, Jr., M.D., Ph.D., on August 28, 2018, along with supporting medical literature.

A September 19, 2018 status conference addressed both parties' expert reports. Petitioner was advised to file a status report indicating whether she intended to engage additional specialists and was encouraged to file a responsive expert report from Dr.

Gershwin addressing Dr. Schroeder's concerns.

On October 19, 2018, Petitioner indicated she would not engage other experts. Petitioner later filed Dr.

Gershwin's response and additional medical literature on November 6, 2018. Following a November 16, 2018 status conference, the parties were ordered to file supplemental expert reports.

Respondent's supplemental report from Dr. Schroeder and supporting literature were filed on March 12, 2019.

Petitioner's responsive report from Dr. Gershwin and supporting literature were filed on March 29, 2019.

On May 6, 2019, Petitioner's counsel filed a status report stating that Ms. Soltys had died intestate on January 20, 2019, from causes unrelated to her vaccine injury.

Petitioner's husband initially expressed interest in pursuing the claim and was consulting counsel to open an estate and be appointed legal representative. Petitioner's counsel filed a Motion for Findings of Fact and Conclusions of Law and a supporting brief on May 8, 2019.

Respondent filed a brief in opposition to a finding of entitlement on June 6, 2019. On June 19, 2019, Petitioner's counsel reported that Ms.

Soltys' husband no longer wished to pursue the claim. A status conference on July 1, 2019, led to an order for Petitioner's counsel to file a Suggestion of Death and a status report formally indicating whether a new petitioner would be named.

On August 30, 2019, Petitioner's counsel filed the Suggestion of Death and the death certificate, along with a status report indicating that a new petitioner would not be named. Special Master Corcoran analyzed the case under Rule 25 of the Rules of the Court of Federal Claims, which requires a motion for substitution of a proper party within 90 days of a statement noting the death, or the action will be dismissed.

As no such motion was filed and no new petitioner was named, the petition was dismissed on November 18, 2019, due to the lack of a proper petitioner to maintain the action. Petitioner's counsel was Joseph Vuckovich.

Respondent's counsel was Robert Coleman, III. Special Master was Brian H.

Corcoran.