Charles Williams v. HHS - Influenza, shoulder injury related to vaccine administration (2021)
Case summary [AI summaries can sometimes make mistakes]
Charles Williams filed a petition on May 23, 2018, alleging that an influenza vaccine caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The Secretary of Health and Human Services disputed the claim.
During the litigation, Mr. Williams passed away on May 3, 2020.
His attorney, Amy Senerth of Muller Brazil, LLP, stated during a December 17, 2020 status conference that she was unable to communicate with Mr. Williams and had found an obituary for him.
A death certificate was filed on March 9, 2021, confirming his passing on May 3, 2020. The Special Master, Christian J.
Moran, directed Ms. Senerth to file a motion to substitute a proper party to represent the estate by June 21, 2021, citing Christner v.
Sec’y of Health & Human Servs., 145 Fed. Cl. 633 (2019).
Ms. Senerth reported on June 22, 2021, that she was unsuccessful in identifying anyone willing to pursue the action on behalf of Mr.
Williams' estate. As no proper petitioner could be substituted within the time permitted by Rule 25 of the Rules of the Court of Federal Claims, the case was dismissed for lack of a proper party to maintain the action.
Mallori Browne Openchowski represented the respondent. The decision was issued on September 14, 2021.
Theory of causation
Petitioner Charles Williams alleged that an influenza vaccine caused a shoulder injury related to vaccine administration (SIRVA). The public decision does not describe the specific vaccine date, onset of symptoms, medical records, diagnostic tests, treatments, or the mechanism of injury. The case was dismissed because the petitioner, Charles Williams, passed away on May 3, 2020, and his counsel, Amy Senerth, was unable to identify or substitute a proper party to maintain the action within the time permitted by Court of Federal Claims Rule 25. No award was made. Special Master Christian J. Moran issued the decision on September 14, 2021. Petitioner was represented by Amy Senerth, and respondent was represented by Mallori Browne Openchowski.
Source PDFs
USCOURTS-cofc-1_18-vv-00732