Wyatt Regan v. HHS - Tdap, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Wyatt Regan filed a petition on January 7, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a tetanus diphtheria acellular pertussis (Tdap) vaccination received on July 14, 2020. The petition did not initially include required supporting documentation.

On January 11, 2021, an order was issued requiring the filing of outstanding documents. On March 2, 2022, Petitioner filed some medical records and a Statement of Completion, indicating no additional records would be filed and requesting a disposition based on the current record.

A status conference on March 14, 2022, confirmed no further information would be submitted. On May 20, 2022, an Order to Show Cause was issued, noting the absence of medical records supporting the severity requirement and an affidavit, and warning that the case would be dismissed for failure to prosecute if these documents were not filed.

Petitioner's counsel responded on July 18, 2022, stating that despite efforts, Petitioner could not be contacted and the outstanding documents could not be obtained. Counsel requested a decision resolving the case.

The Special Master noted that it is a petitioner's obligation to respond to court orders, and failure to do so, whether due to attorney error, inaction, or lack of communication with counsel, is grounds for dismissal. The Special Master cited precedent for dismissal when failure to act is willful, in violation of court orders, repeated, and accompanied by clear warning.

Petitioner was warned in the May 20, 2022 order that failure to comply risked dismissal. As Petitioner continued to disregard orders without justification, dismissal was deemed appropriate.

Additionally, the Special Master noted that Petitioner must establish the severity requirement, meaning the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention. Since no additional medical records were filed to support this requirement after the Order to Show Cause, Petitioner failed to establish entitlement to compensation.

Chief Special Master Brian H. Corcoran dismissed the case for failure to prosecute and failure to establish the severity requirement.

The clerk was ordered to enter judgment accordingly.