Nurcys Grimes v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Nurcys Grimes filed a petition on December 30, 2020, for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 7, 2019. An amended petition was filed on September 14, 2021, providing additional facts based on medical records.

The respondent filed a report and motion to dismiss on August 19, 2022, arguing that the petitioner could not demonstrate residual effects of her injury lasting longer than six months. Petitioner was ordered to file a brief addressing the duration of her shoulder injury by December 22, 2022.

However, the petitioner failed to file a response or take any other action in the case for over ten months after the deadline. Chief Special Master Brian H.

Corcoran noted that it is a petitioner's obligation to follow and respond to orders, and failure to do so can be grounds for dismissal, citing precedent and Vaccine Rule 21(b). The Special Master found that the petitioner had not substantiated the disputed aspect of her claim by filing the ordered brief, provided no justification for her failure to act, and had taken no action in the case for almost a year since the last order.

Consequently, the case was dismissed for failure to prosecute and failure to follow court orders. The Clerk of Court was directed to enter judgment accordingly.

Petitioner was represented by Alan Kenneth Nicolette of Nordstrom, Steele, et al., and respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice.