Kelly Dittoe v. HHS - HPV, shoulder injury related to vaccine administration (SIRVA) (2024)

Kelly Dittoe filed a petition alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus vaccine on July 21, 2020. She filed her petition with the Court of Federal Claims on January 7, 2021.

The case was assigned to the Special Processing Unit, and Petitioner was ordered to detail her injury and provide supporting medical records, including evidence of residual effects lasting more than six months post-vaccination. However, Petitioner failed to provide sufficient evidence to meet the six-month severity requirement, acknowledging a gap in medical treatment documentation.

Furthermore, Petitioner became unresponsive to her counsel starting in January 2023, and despite attempts to contact her and a court order to reestablish contact, counsel reported they were unsuccessful. Respondent argued for dismissal based on Petitioner's failure to establish an injury severe enough for compensation.

Ultimately, the case was dismissed for failure to prosecute and failure to follow court orders, as Petitioner did not provide the necessary evidence or communicate with her counsel.