Robert Nemmer v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2025)

Robert Nemmer filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a Tdap vaccination he received on December 7, 2014. Respondent argued that compensation was not appropriate, citing a lack of documentation for the vaccination site and the petitioner's pre-existing chronic left shoulder pain from a car accident.

The case progressed through several status conferences, with the Special Master expressing concerns about insufficient evidence. The petitioner's initial counsel withdrew, and Mr.

Nemmer proceeded pro se. Over several years, Mr.

Nemmer failed to respond to multiple Orders to Show Cause and did not communicate with the court or chambers, despite numerous attempts by court staff to reach him. The court repeatedly extended deadlines for his response.

Ultimately, the petition was dismissed for failure to prosecute and failure to follow court orders.