Daisy Rodriguez v. HHS - Angelman Syndrome (2024)

On May 4, 2020, Daisy Rodriguez, as mother and natural guardian of L.R., a minor, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.R.'s Angelman Syndrome and associated symptoms were caused by the diphtheria-tetanus-acellular pertussis/Hepatitis B/inactivated polio, haemophilus influenzae type B, pneumococcal conjugate 13-valent, and rotavirus vaccines received in May 2020.

In October 2023, Chief Special Master Brian H. Corcoran informed the petitioner's counsel that the claim had significant issues, appearing to rely on an untenable, thimerosal-related causation theory.

The Special Master ordered the petitioner to file a brief showing cause why the case should not be dismissed by January 22, 2024. The petitioner's counsel was granted a 30-day extension to February 22, 2024, to respond, citing illness in January 2024.

However, the extended deadline passed without a response, further motions, or any communication from counsel. The Special Master noted that the petitioner had failed to prosecute the case and comply with court orders.

Under the Vaccine Act, a petition must be supported by medical records or a physician's opinion, and the public decision states there was insufficient evidence in the record for the petitioner to meet her burden of proof. The Special Master dismissed the petition for failure to comply with court orders and for insufficient evidence.

Judgment was to be entered in accordance with the decision.