Loretta Franklin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Loretta Franklin filed a petition alleging that an influenza vaccination administered on September 27, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The petition was filed on January 13, 2020.

During a status conference on April 20, 2022, the Special Master raised concerns about Franklin's ability to satisfy the statutory requirement that the injury's residual effects last for at least six months, as well as the location of the vaccination. Franklin's counsel indicated an intent to withdraw due to these concerns, and Franklin stated she intended to find new counsel.

The court granted extensions for her to do so, but Franklin became unresponsive to her counsel. Her counsel requested a show cause order, which was issued on October 5, 2022, giving Franklin until November 4, 2022, to file a status report or motion to substitute counsel, or face dismissal for failure to prosecute.

Franklin failed to meet this deadline and did not communicate with the court. Consequently, on January 18, 2023, the Special Master dismissed the case for failure to prosecute, noting Franklin had ample time to proceed with her claim.