Gregory Yates v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Gregory Yates filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on August 21, 2018. The petition was filed on August 14, 2020.

Following initial proceedings, Mr. Yates was ordered to file an amended petition and a status report concerning a Medicaid lien, but he failed to meet the December 4, 2020 deadline, submitting the documents two weeks late.

He subsequently missed another deadline for submitting additional evidence on March 22, 2021. Respondent filed a Rule 4(c) Report on October 18, 2021, recommending denial of entitlement, and a briefing schedule was set for Mr.

Yates to respond by February 28, 2022. He again failed to comply.

Respondent then filed a Motion for a Decision Dismissing the Petition on the Record, to which Mr. Yates was ordered to respond by May 2, 2022, but he again missed the deadline.

During a status conference on December 1, 2022, Mr. Yates acknowledged his inability to gather evidence and offered no other excuse for the repeated failure to adhere to court orders.

The Chief Special Master dismissed the case for failure to prosecute and failure to follow court orders, citing Mr. Yates's repeated lapses and lack of justification.