VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01188
Package ID: USCOURTS-cofc-1_20-vv-01188
Petitioner: William A. Faith
Filed: 2020-09-14
Decided: 2022-09-12
Vaccine: influenza
Vaccination date: 2017-09-12
Condition: Guillain-Barré Syndrome (GBS)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
William A. Faith filed a petition alleging Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on September 12, 2017. His counsel filed the petition on September 14, 2020. The court initially ordered Petitioner to file his medical records by September 25, 2020, but granted multiple extensions. Petitioner's counsel then moved to withdraw due to irreconcilable differences, which was granted, and the case proceeded pro se. The Special Master issued an initial order on September 30, 2021, directing Petitioner to file his medical records and a statement of completion by November 29, 2021. Petitioner failed to comply and did not contact Chambers. After further extensions and a Show Cause Order, Petitioner continued to fail to file his medical records or communicate with the court. After 727 days to file medical records and 40 days to respond to the Show Cause Order, the case was dismissed for failure to prosecute.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01188-0
Date issued/filed: 2022-12-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/12/2022) regarding 23 DECISION of Special Master. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. Petitioner served via first class mail on 1/3/2023 (ypb).
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Case 1:20-vv-01188-UNJ Document 25 Filed 12/30/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 12, 2022
Reissued for Public Availability: December 30, 2022
* * * * * * * * * * * * * * *
WILLIAM A. FAITH, * No. 20-1188V
*
Petitioner, * Special Master Sanders
*
v. *
* Dismissal; Show Cause Order;
SECRETARY OF HEALTH * Failure to Prosecute
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
William A. Faith, pro se, Louisville, KY, for Petitioner.
Colleen C. Hartley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 14, 2020, William A. Faith (“Petitioner”) filed a petition through counsel
for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C.
§§ 300aa-1 to -34 (2012). Petitioner alleged that he suffered from Guillain-Barré Syndrome
(“GBS”) as a result of an influenza (“flu”) vaccination he received on September 12, 2017. Pet. at
1, ECF No. 1.
On September 15, 2020, the chief special master issued a pre-assignment review (“PAR”)
initial order directing Petitioner to file his medical records by September 25, 2020. ECF No. 5 at
1. Petitioner filed motions for extension of time to file his medical records on September 25, 2020,
December 24, 2020, and February 24, 2021. ECF Nos. 6–8. The chief special master granted each
of these motions. Orders, docketed Sept. 30, 2020, Jan. 5, 2021, Mar. 10, 2021. On May 7, 2021,
Petitioner’s counsel filed a motion to withdraw as Petitioner’s counsel due to irreconcilable
differences. ECF No. 9 at 1. On August 9, 2021, the chief special master issued an order informing
Petitioner that he would proceed pro se if he did not file a motion for substitution of counsel by
September 9, 2021. ECF No. 13. The chief special master granted Petitioner’s counsel’s motion to
withdraw on September 22, 2021, and converted this case to a pro se case. ECF No. 14.
1 Pursuant to Vaccine Rule 18(b), this Decision was initially filed on September 12, 2022, and the parties
were afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly,
this Decision is reissued in its original form for posting on the court’s website.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-
660, 100 Stat. 3758, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (2012) (“Vaccine Act” or “the
Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:20-vv-01188-UNJ Document 25 Filed 12/30/22 Page 2 of 2
This case was assigned to me on September 23, 2021. ECF No. 16. On September 30, 2021,
I issued an Initial Order directing Petitioner to file his medical records and a statement of
completion by no later than November 29, 2021. ECF No. 20. Petitioner did not file his medical
records or otherwise contact Chambers. On June 1, 2022, I ordered Petitioner to file his medical
records and statement of completion by July 1, 2022. Scheduling Order at 2, ECF No. 21. I noted
that Petitioner had “had 624 days to file his medical records, including 244 days since the issuance
of my initial order.” Id. at 1. I told Petitioner that “[d]ue to the amount of time [he] has had to file
his medical records, a failure to” submit his records by the July 1, 2022 deadline “will result in the
issuance of an order to show cause why this case should not be dismissed for failure to prosecute.”
Id. Petitioner did not file his medical records or contact Chambers by his July 1, 2022 deadline.
On August 2, 2022, I issued a Show Cause Order. ECF No. 22. I noted that Petitioner had
still not filed his medical records or contacted Chambers and that he had had 687 days to file his
medical records, including 307 days since I issued my Initial Order. Id. at 1.I ordered Petitioner to
show cause why his case should not be dismissed for failure to prosecute by filing his medical
records and a statement of completion by August 17, 2022. I stated that “[f]ailure to file his medical
records and a statement of completion by . . . August 17, 2022, [would] be interpreted as a failure
to prosecute this claim[]” and that “I [would] dismiss this petition.” Id. at 2. Petitioner missed his
August 17, 2022 deadline and has not communicated with Chambers.
When a petitioner fails to comply with Court orders to prosecute her case, the Court may
dismiss her claim. Vaccine Rule 21(b)(1); 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); see also Claude E. Atkins Enters., Inc. v. United States, 899 F.2d
1180, 1183-85 (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).
Petitioner has now had 727 days to file his medical records and a statement of completion,
including 347 days since I issued my Initial Order. Petitioner has also had 40 days to respond to
my Show Cause Order. Petitioner’s continued failure to file his medical records and statement of
completion indicate a disinterest in pursuing his claim. Therefore, this case must be dismissed for
failure to prosecute. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2