Richard Rebeles v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Richard Rebeles filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2016. He filed his petition on October 25, 2019, and later filed an amended petition and medical records in September 2020.

The case was assigned to the Special Processing Unit, and Petitioner submitted updated medical records over the following months. Respondent filed a report opposing compensation, noting an eleven-month gap between vaccination and treatment and questioning whether the pain was vaccine-related, citing a physician's opinion that it was likely a rotator cuff strain.

During a status conference in March 2022, Petitioner's counsel reported being unable to contact Mr. Rebeles for five months.

The court issued an order to show cause, instructing counsel to forward it to Petitioner, but Petitioner failed to respond by the deadline. The court noted that failure to communicate with counsel and respond to court orders is grounds for dismissal.

Ultimately, the case was dismissed for failure to prosecute due to Petitioner's continued disregard of court orders and failure to communicate.