Jacqueline Stokes v. HHS - death (2023)

Jacqueline Stokes filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2020. The respondent filed a Rule 4 Report recommending against compensation on March 23, 2021.

However, Ms. Stokes died on March 31, 2021.

Her counsel informed the court of her passing and sought time to determine how the family wished to proceed. A suggestion of death was filed with her death certificate.

After conferring with family members, counsel reported that the next of kin decided not to set up an estate and not to proceed with the action. The court ordered that if no estate representative was substituted as petitioner within 90 days of service of the suggestion of death, the case would be dismissed.

No motion for substitution was filed within the prescribed period. Consequently, the court dismissed the petition due to the lack of a proper petitioner to maintain the action, as required by Rule 25 of the Court of Federal Claims Rules.