Deloris Harrell v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)

Deloris Harrell filed a petition alleging Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on March 26, 2015. The case progressed slowly, and on October 10, 2019, the Special Master ordered Petitioner to file an expert report by December 27, 2019.

Petitioner moved for an extension, which was granted, but she failed to meet the subsequent deadline. On July 24, 2020, the Special Master ordered Petitioner to show cause why her case should not be dismissed for failure to prosecute, setting a new deadline of August 24, 2020, for her expert report.

Petitioner did not meet this deadline. In November 2020, Respondent's counsel located a Social Security Administration Death Record indicating Petitioner died on June 4, 2020.

Petitioner's daughter, Leatha Elmore, who had power of attorney, was contacted and indicated she intended to become the executor of her mother's estate. Despite multiple communications from the court, Ms.

Elmore did not file documentation to become executor or express intent to continue the case. As more than 90 days had passed since Petitioner's death and the court had afforded ample opportunity for substitution, the case was dismissed pursuant to RCFC 25 for lack of a proper petitioner to maintain the action.