Mario A. Flores, Jr. v. HHS - Influenza, SIRVA (2020)

Mario A. Flores, Jr. filed a petition on February 14, 2020, alleging that he developed Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a flu vaccine he received on September 21, 2015.

The petition was filed under the National Childhood Vaccine Injury Act. On July 20, 2020, the Special Master issued an order instructing Mr.

Flores to show cause why the case should not be dismissed for failure to prosecute by August 24, 2020. Mr.

Flores did not respond to this order. The Special Master noted that the claim was also barred by the statute of limitations, as the petition was filed more than 36 months after the vaccination date, which is contrary to the requirement under 42 U.S.C. § 300aa–16(a)(2).

Citing precedent for dismissal due to failure to prosecute and failure to respond to court orders, the Special Master dismissed the case for both failure to prosecute and because the claim was barred by the statute of limitations. No compensation was awarded.

The decision was issued by Special Master Christian J. Moran.

Petitioner's counsel was Christopher L. Phillippe of the Law Offices of Phillippe & Associates, and respondent's counsel was Jennifer L.

Reynaud of the United States Department of Justice. The decision was unpublished.