VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00157
Package ID: USCOURTS-cofc-1_20-vv-00157
Petitioner: Mario A. Flores, Jr.
Filed: 2020-02-14
Decided: 2020-09-29
Vaccine: influenza
Vaccination date: 2015-09-21
Condition: SIRVA
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 The decision was unpublished.

Theory of causation field:
Petitioner Mario A. Flores, Jr. alleged that he developed SIRVA as a result of a flu vaccine received on September 21, 2015. The petition was filed on February 14, 2020. The Special Master dismissed the case for failure to prosecute and because the claim was barred by the statute of limitations, as the petition was filed more than 36 months after the vaccination date, violating 42 U.S.C. § 300aa–16(a)(2). The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury. No award was made. The decision was issued by Special Master Christian J. Moran on September 29, 2020. Petitioner's counsel was Christopher L. Phillippe, and respondent's counsel was Jennifer L. Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00157-0
Date issued/filed: 2020-09-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/02/2020) regarding 10 DECISION of Special Master. Signed by Special Master Christian J. Moran. (hh) Service on parties made.
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Case 1:20-vv-00157-UNJ Document 11 Filed 09/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
*
MARIO A. FLORES, JR., *
* No. 20-157V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: September 2, 2020
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Decision dismissing case;
* failure to prosecute; statute of
Respondent. * limitations.
* * * * * * * * * * * * * * * * * * * * *
Christopher L. Phillippe, Law Offices of Phillippe & Associates, Brownsville, TX,
for petitioner;
Jennifer L. Reynaud, United States Dep’t of Justice, Washington, D.C., for
respondent.
UNPUBLISHED DECISION DENYING COMPENSATION1
Mario Flores filed a petition under the National Childhood Vaccine Injury
Act, 42 U.S.C. §300a-10 through 34 (2012) on February 14, 2020. The petition
alleged that Mr. Flores developed SIRVA as a result of the flu vaccine he received
on September 21, 2015.
I. Procedural History
The procedural history of this case can be found in the order to show cause,
filed July 20, 2020. In that order, Mr. Flores was instructed to show cause as to
1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to
file a motion proposing redaction of medical information or other information described in 42
U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the
document posted on the website.

Case 1:20-vv-00157-UNJ Document 11 Filed 09/29/20 Page 2 of 2
why this case should not be dismissed by August 24, 2020. To date, Mr. Flores
has not responded.
II. Analysis
When a petitioner (or plaintiff) fails to comply with Court orders to
prosecute her case, the Court may dismiss the case. Sapharas v. Sec’y of Health &
Human Servs., 35 Fed. Cl. 503 (1996); Tsekouras v. Sec’y of Health & Human
Servs., 26 Cl. Ct. 439 (1992), aff’d, 991 F.2d 810 (Fed. Cir. 1993) (table); Vaccine
Rule 21(c); see also Claude E. Atkins Enters., Inc. v. United States, 889 F.2d 1180,
1183 (Fed. Cir. 1990) (affirming dismissal of case for failure to prosecute for
counsel’s failure to submit pre-trial memorandum); Adkins v. United States, 816
F.2d 1580, 1583 (Fed. Cir. 1987) (affirming dismissal of case for failure of party to
respond to discovery requests).
As explained in the decision issued by the undersigned in Machuca v.
Secretary of Health & Human Services, No. 20-18V, 2020 WL 4670877 (Fed. Cl.
Spec. Mstr. July 17, 2020), the statute of limitations bars this action. Mr. Flores
received the allegedly causal vaccine in September 2015. The statute of limitations
requires the filing of the petition within 36 months. 42 U.S.C. § 300aa–16(a)(2).
Although the order to show cause permitted petitioner in this case to explain why
his case should continue, he has not offered any justification.
Thus, this case is dismissed for failure to prosecute and because the
claim is barred by the statute of limitations. The Clerk shall enter judgment
accordingly. See Vaccine Rule 21(b).
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2