VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01014
Package ID: USCOURTS-cofc-1_18-vv-01014
Petitioner: Licelot Mendoza
Filed: 2018-07-13
Decided: 2023-03-30
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Licelot Mendoza filed a petition alleging that vaccines caused her to suffer a hearing loss. The Secretary of Health and Human Services opposed the claim. Ms. Mendoza was represented by attorney Jason Molesso. The parties exchanged expert reports, and a status conference was held in November 2021. Subsequently, Ms. Mendoza's attorney indicated he was experiencing health problems and anticipated a case transfer. Despite multiple orders and attempts to confirm the prosecution of the case, no response was received from Ms. Mendoza or her counsel. An order to show cause was issued and served on both Ms. Mendoza and her attorney, but no response was filed. Consequently, the court dismissed the case for failure to prosecute, noting that Ms. Mendoza appeared uninterested in continuing the litigation. The decision also briefly mentioned that the Secretary's experts identified significant weaknesses in the case, suggesting compensation might not have been awarded even if the case had proceeded on its merits.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01014-0
Date issued/filed: 2023-03-30
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 2/27/2023) regarding 129 DECISION of Special Master Signed by Special Master Christian J. Moran. (dksc) Service on parties made.
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Case 1:18-vv-01014-UNJ Document 130 Filed 03/30/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
LICELOT MENDOZA, *
* No. 18-1014V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: February 27, 2023
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
UNPUBLISHED DECISION DENYING COMPENSATION1
Licelot Mendoza sought compensation through the Vaccine Program. 42
U.S.C. § 300aa-10 through 34 (2012). Ms. Mendoza, however, appears not to be
interested in continuing the litigation as she has not substantively responded to
orders. Because Ms. Mendoza has not prosecuted her case, her case is
DISMISSED.
I. Procedural History
Represented by Attorney Jason Molesso, Ms. Mendoza alleged vaccines
caused her to suffer a hearing loss. Pet., filed July 13, 2018. The Secretary
opposed an award of compensation. Resp’t’s Rep., filed Jan. 16, 2020.
Through the assistance of Mr. Molesso, Ms. Mendoza submitted a report
from an expert. The Secretary countered with reports from two experts on October
4, 2021 and October 20, 2021. The most recent status conference was held on
November 22, 2021, more than a year ago.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-01014-UNJ Document 130 Filed 03/30/23 Page 2 of 3
A staff member from Mr. Molesso’s office informally communicated with
chamber’s staff that Mr. Molesso was having health problems and anticipated that
the case would be transferred to another attorney. Order, issued Jan. 21, 2022. In
the following months, attempts to confirm the prosecution of the case have been
unsuccessful. Orders, issued Mar. 28, 2022; Apr. 29, 2022; July 19, 2022; Sept. 7,
2022.
On October 12, 2022, an order to show cause was issued. This order was
served, electronically, upon Mr. Molesso’s office because he remained counsel of
record and served, via certified mail, upon Ms. Mendoza at her last known address.
No response has been received.
II. Analysis
When a petitioner (or plaintiff) fails to comply with Court orders to
prosecute her case, the Court may dismiss the case. Sapharas v. Sec’y of Health &
Hum. Servs., 35 Fed. Cl. 503 (1996); Tsekouras v. Sec’y of Health & Hum. Servs.,
26 Cl. Ct. 439 (1992), aff’d, 991 F.2d 810 (Fed. Cir. 1993) (table); Vaccine Rule
21(c); see also Claude E. Atkins Enters., Inc. v. United States, 889 F.2d 1180, 1183
(Fed. Cir. 1990) (affirming dismissal of case for failure to prosecute for counsel’s
failure to submit pre-trial memorandum); Adkins v. United States, 816 F.2d 1580,
1583 (Fed. Cir. 1987) (affirming dismissal of case for failure of party to respond to
discovery requests).
Here, via her attorney, Ms. Mendoza was ordered several times to file a
statement expressing her interest in maintaining the litigation. Ms. Mendoza’s
persistent silence leads to a conclusion that she is no longer interested in pursuing
the case. Therefore, her case is DISMISSED. See B.K. v. Sec’y of Health &
Hum. Servs., No. 17-1840V, 2020 WL 1888866 (Fed. Cl. Spec. Mstr. Feb. 12,
2020) (dismissing case pursuant to Vaccine Rule 21(b) due to petitioner’s failure to
respond to orders demonstrating an interest in maintaining the case); Woods v.
Sec’y of Health & Hum. Servs., No. 10-377V, 2012 WL 2872290 (Fed. Cl. Spec.
Mstr. June 14, 2012) (dismissing case due to petitioner’s failure to prosecute).
While Ms. Mendoza’s case is dismissed solely for her failure to express an
interest in continuing the litigation, Ms. Mendoza’s case has significant
weaknesses as identified in the reports from the Secretary’s experts. Thus, even if
Ms. Mendoza were to have responded to the orders requiring a statement from her,
Ms. Mendoza may not have received compensation based upon the current
2

Case 1:18-vv-01014-UNJ Document 130 Filed 03/30/23 Page 3 of 3
evidence. However, Ms. Mendoza’s case is not being dismissed due to the
weakness in her case.
This case is dismissed for failure to prosecute. The Clerk shall enter
judgment accordingly. See Vaccine Rule 21(b).
The Clerk’s Office is further instructed this order to petitioner via U.S. Mail
return receipt requested at the following address:
Licelot Mendoza
614 Elizabeth Ave,
Elizabeth, NJ 07206
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3