VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01694
Package ID: USCOURTS-cofc-1_18-vv-01694
Petitioner: R.E.
Filed: 2018-11-01
Decided: 2023-04-20
Vaccine: MMR
Vaccination date: 2015-11-09
Condition: seizures
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
On November 1, 2018, Daphne Jones, proceeding pro se, filed a petition on behalf of her minor son, R.E., alleging that he suffered from seizures as a result of receiving the measles, mumps, and rubella (MMR) and varicella vaccines on November 9, 2015. The respondent is the Secretary of Health and Human Services. The public decision does not describe the specific onset of symptoms, clinical progression, diagnostic tests, or treatments. On March 30, 2022, Special Master Herbrina Sanders ordered Petitioner to file an expert report by May 31, 2022. Petitioner missed this deadline. Chambers emailed Petitioner on five occasions between July 27, 2022, and December 12, 2022, regarding the missed deadline. On February 22, 2023, Special Master Sanders issued a Show Cause Order, noting that Petitioner had 329 days to file the report or communicate with Chambers, and ordered Petitioner to show cause why the case should not be dismissed for failure to prosecute by filing an expert report by March 24, 2023. The order stated that failure to file the report by this deadline would be interpreted as a failure to prosecute and would result in dismissal. Petitioner missed the March 24, 2023 deadline and has not communicated with Chambers. The Special Master noted that Petitioner had a total of 386 days to file an expert report and 57 days to respond to the Show Cause Order. Citing Vaccine Rule 21(b)(1) and case law regarding dismissals for failure to prosecute, the Special Master determined that Petitioner's continued failure to file an expert report or communicate with Chambers indicated a disinterest in pursuing her claim. Consequently, the case was dismissed for failure to prosecute. No compensation was awarded. The decision was originally filed on April 20, 2023, and reissued for public availability on May 31, 2023. Petitioner was represented by Daphne Jones, pro se. Respondent was represented by Matthew Murphy of the United States Department of Justice.

Theory of causation field:
Petitioner alleged that R.E. suffered from seizures as a result of the measles, mumps, and rubella (MMR) and varicella vaccines received on November 9, 2015. The public decision does not describe the specific theory of causation, the medical mechanism, or any expert testimony presented. The case was dismissed for failure to prosecute after Petitioner failed to file a required expert report by court-ordered deadlines, despite multiple communications from the court and a Show Cause Order. Petitioner had 386 days to file an expert report and 57 days to respond to the Show Cause Order. Special Master Herbrina Sanders issued the dismissal on April 20, 2023. Petitioner was represented by Daphne Jones, pro se, and Respondent by Matthew Murphy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01694-0
Date issued/filed: 2023-05-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/20/2023) regarding 26 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. Petitioner served via First Class mail on 6/2/2023. (fm).
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Case 1:18-vv-01694-UNJ Document 28 Filed 05/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 20, 2023
Reissued for Public Availability: May 31, 2023
* * * * * * * * * * * * * * *
DAPHNE JONES, on behalf of her son * No. 18-1694V
R.E., a minor, *
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Dismissal; Show Cause Order;
AND HUMAN SERVICES, * Failure to Prosecute
*
Respondent. *
* * * * * * * * * * * * * * *
Daphne Jones, pro se, Parkville, MD, for Petitioner.
Matthew Murphy, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On November 1, 2018, Daphne Jones (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2012). Petitioner alleged that her son R.E. suffered from seizures as a result of measles, mumps,
and rubella (“MMR”) and varicella vaccines he received on November 9, 2015. Pet. at 1, ECF No.
1.
On March 30, 2022, I ordered Petitioner to file an expert report by no later than May 31,
2022. Scheduling Order, ECF No. 24. Petitioner missed her deadline, and Chambers emailed
Petitioner regarding her missed deadline on five occasions, on July 27, 2022, August 25, 2022,
October 6, 2022, October 28, 2022, and December 12, 2022. Informal Comm., docketed Dec. 30,
2022. Petitioner previously confirmed that the email address listed on her petition was her accurate
email address. See Informal Comm., docketed Dec. 8, 2020.
On February 22, 2023, I issued a Show Cause Order. ECF No. 25. I noted that Petitioner
had had 329 days to file an expert report or communicate with Chambers. Id. at 1. I ordered
Petitioner to show cause why her case should not be dismissed for failure to prosecute by filing an
expert report by March 24, 2023. I stated that “[f]ailure to an expert report by . . . March 24, 2023,
1 Pursuant to Vaccine Rule 18(b), this Decision was initially filed on April 20, 2023, and the parties were
afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly, this
Decision is reissued in its original form for posting on the court’s website.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-
660, 100 Stat. 3758, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (2012) (“Vaccine Act” or “the
Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:18-vv-01694-UNJ Document 28 Filed 05/31/23 Page 2 of 2
[would] be interpreted as a failure to prosecute this claim[]” and that “I [would] dismiss her
petition.” Id. Petitioner missed her March 24, 2023 deadline and has not communicated with
Chambers.
When a petitioner fails to comply with Court orders to prosecute her case, the Court may
dismiss her claim. Vaccine Rule 21(b)(1); Sapharas v. Sec’y of Health & Human Servs., 35 Fed.
Cl. 503 (1996); Tsekouras v. Sec’y of Health & Human Servs., 26 Cl. Ct. 439 (1992), aff’d, 991
F.2d 810 (Fed. Cir. 1993) (table); see also Claude E. Atkins Enters., Inc. v. United States, 899 F.2d
1180, 1183-85 (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).
Petitioner has now had 386 days to file an expert report and 57 days to respond to my Show
Cause Order. Petitioner’s continued failure to file an expert report or communicate with Chambers
indicates a disinterest in pursuing her claim. Therefore, this case must be dismissed for failure to
prosecute. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2