Joanna Villalobos v. HHS - Influenza, SIRVA (2020)

Joanna Villalobos filed a petition on January 28, 2020, on behalf of A.D., a minor, alleging that A.D. developed Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a flu vaccine received on October 13, 2014. The respondent is the Secretary of Health and Human Services.

The public decision does not describe the specific symptoms, medical tests, or treatments related to A.D.'s alleged condition. The Special Master issued an order to show cause on July 20, 2020, instructing Ms.

Villalobos to explain why the case should not be dismissed by August 24, 2020, due to failure to prosecute. Ms.

Villalobos did not respond to this order. The Special Master noted that the statute of limitations bars the action, as the petition was filed more than 36 months after the vaccination date of October 13, 2014, according to 42 U.S.C. § 300aa–16(a)(2).

The case was dismissed for failure to prosecute and because the claim was barred by the statute of limitations. The decision was issued by Special Master Christian J.

Moran on September 29, 2020. Petitioner's counsel was Christopher L.

Phillippe of the Law Offices of Phillippe & Associates. Respondent's counsel was Jennifer L.

Reynaud of the United States Department of Justice. The public decision does not mention any expert witnesses or provide a specific theory of causation.