Allyson L. Parziale v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

On April 10, 2017, Allyson L. Parziale, proceeding pro se, filed a petition for compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on February 1, 2014. The case was initially assigned to Special Master Moran.

During a status conference on May 2, 2017, the petitioner was joined by an attorney, Mr. Leach, for guidance.

Respondent noted missing medical records, and the petitioner was given until July 3, 2017, to file them. Petitioner filed additional exhibits on July 5, 2017.

A status conference on August 11, 2017, again included Mr. Leach, and Special Master Moran encouraged him to formally enter his appearance as attorney of record.

Respondent was given until September 25, 2017, to file a status report on the medical record's completeness, which was filed on September 22, 2017, indicating no critical records were missing. During a status conference on October 12, 2017, Special Master Moran again encouraged Mr.

Leach to seek admission to the bar and enter an appearance, or advised Petitioner to proceed pro se or find other representation. Respondent filed a Rule 4(c) report on December 15, 2017, stating that none of Petitioner's treating physicians causally associated her GBS symptoms with the vaccination, with several attributing it to a prior viral illness.

Respondent also noted the absence of an expert report or other reliable medical evidence supporting Petitioner's claim. The case was reassigned to Special Master Herbrina Sanders on December 19, 2017.

During a status conference on January 11, 2018, Petitioner stated she had decided not to obtain an attorney and would proceed pro se. However, when discussing Respondent's Rule 4(c) report, Petitioner changed her mind and requested an opportunity to find an attorney.

Special Master Sanders set a deadline of February 12, 2018, for an attorney to enter an appearance or for Petitioner to file a status report regarding her efforts to obtain representation. On February 13, 2018, Petitioner filed a "Petition for Extension," requesting 45 days to collect statements from an expert witness, and a status conference was scheduled for February 15, 2018.

During that conference, Petitioner stated she was working with an attorney and an expert but had not finalized agreements. Special Master Sanders emphasized that Petitioner should focus on obtaining representation and set a new deadline of March 19, 2018, for an attorney to enter an appearance or for Petitioner to file a status report indicating she wished to proceed pro se.

No attorney entered an appearance, and Petitioner did not file a status report or contact the court. After emailing and leaving a voicemail regarding the lapsed deadline, Special Master Sanders issued an Order to Show Cause on March 28, 2018, warning that failure to file a status report by April 27, 2018, would result in dismissal for failure to prosecute.

Petitioner did not respond to the Order to Show Cause. The Special Master noted that Petitioner's failure to respond to court communications and comply with the Show Cause Order indicated a disinterest in pursuing her claim.

Consequently, the case was dismissed for failure to prosecute. The decision was issued by Special Master Herbrina Sanders on May 2, 2018, and reissued for publication on June 8, 2018.