Marcell/ Boettcher v. HHS - DTaP, anaphylaxis (2018)

Marcella Boettcher, proceeding pro se, filed a petition on October 2, 2017, alleging that the Diphtheria-Tetanus-acellular-Pertussis (DTaP) vaccine she received on August 6, 2014, caused her to suffer anaphylaxis. The petition included medical records and a newspaper article.

During an initial status conference on October 25, 2017, Special Master Herbrina Sanders informed Petitioner that her claim appeared to be filed outside the three-year statute of limitations, which expired on August 6, 2017. Respondent filed a Motion to Dismiss on November 6, 2017, based on the untimely filing.

On December 6, 2017, the Special Master granted Petitioner an additional sixty days to acquire counsel to respond to the motion, setting a deadline of February 5, 2018. Petitioner did not file a motion to substitute counsel by this deadline.

Following attempts by the court chambers to contact Petitioner via email and telephone, which went unanswered, the Special Master issued an Order to Show Cause on February 15, 2018. Petitioner was ordered to submit either a Motion to Substitute Counsel or a response to the Motion to Dismiss by April 16, 2018, with a warning that failure to do so would result in dismissal for failure to prosecute.

Petitioner did not file any documents or communicate with the court after the October 25, 2017 status conference. The Special Master noted that while Petitioner's medical records indicated a potential Table Injury (anaphylaxis within four hours of a DTaP vaccine), the claim was barred by the statute of limitations.

The Special Master also found that Petitioner's filings, without further evidence, did not demonstrate entitlement to compensation. Consequently, the case was dismissed for failure to prosecute and for being untimely filed.

Judgment was entered accordingly. Petitioner was represented by herself, and Respondent was represented by Heather L.

Pearlman of the U.S. Department of Justice.