David Esala v. HHS - Influenza, Guillain Barré syndrome (2021)

David Esala filed this action on August 30, 2018, alleging that the influenza vaccine he received on September 1, 2015 caused him to develop Guillain Barré syndrome. His counsel reported in September 2020 that Mr.

Esala had recently died and that the family did not wish to continue the action. Counsel indicated that a motion to dismiss would be filed, but further status reports were filed as documentation for an estate representative was pending.

The court scheduled a status conference in January 2021, and counsel informed the court that attempts to re-establish contact with Mr. Esala's son had been unsuccessful.

The court ordered counsel to provide notice of the risk of dismissal to the estate and family members if no representative appeared or sought substitution by February 16, 2021. No one has sought substitution or appeared on behalf of the estate.

The court noted that more than 90 days had passed since Mr. Esala's death, as required by RCFC 25 for dismissal if no substitution is made.

Given the lack of movement and the passage of time, the court dismissed the petition with prejudice for failure to prosecute, citing judicial efficiency and the Program's policy goal of swift determinations.