Barry Lanford v. HHS - Influenza, dysautonomia (2020)

Filed 2018-11-29Decided 2020-04-16Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Barry Lanford filed a petition on November 29, 2018, alleging that a trivalent flu vaccination he received on November 29, 2015, caused him to develop dysautonomia. Due to a government shutdown and lack of responsiveness from Mr.

Lanford, an initial status conference could not be scheduled. Mr.

Lanford's mother, Ms. Dianne Lanford, contacted the court to represent him.

On March 26, 2019, the court ordered Mr. Lanford to provide a signed document allowing his mother to represent him, a status report on legal representation efforts, and all relevant medical records by May 24, 2019.

Mr. Lanford did not comply.

On June 24, 2019, Mr. Lanford stated he was "very sick" and gave his mother permission to represent him.

His mother filed a letter interpreted as a motion for an extension, which was granted, with a new deadline of August 26, 2019, for a status report and medical records. Again, Mr.

Lanford did not comply. After several failed attempts to contact Mr.

Lanford and Ms. Lanford, Ms.

Lanford relayed that Mr. Lanford no longer wished to pursue his claim.

Respondent submitted a dismissal stipulation in October 2019, but neither Mr. Lanford nor Ms.

Lanford filed it. On February 4, 2020, the court issued an Order to Show Cause, warning that failure to file the stipulation or a status report by March 4, 2020, would result in dismissal for failure to prosecute.

Mr. Lanford did not file anything by the deadline.

Consequently, the court dismissed the petition for failure to prosecute, noting that Mr. Lanford had been given ample opportunity to communicate with the court and Respondent and had failed to comply with court orders.

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