Heidi Scheucher v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2022)

Heidi Scheucher filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from a tetanus diphtheria acellular pertussis (Tdap) vaccination received in May 2020.

The petition did not include any medical history for treatment of the alleged injury or any other statutorily required supporting documentation. On January 12, 2021, an order was issued requiring the petitioner to file outstanding documents.

On March 2, 2022, some medical records and a Statement of Completion were filed. The following day, a motion was filed indicating no additional records would be filed and requesting a decision based on the current record.

A status conference was held on March 14, 2022, during which the petitioner's counsel confirmed no additional information would be submitted, including the statutorily required affidavit. The Special Master deferred ruling on the motion to allow for standard case review.

On May 20, 2022, an Order to Show Cause was issued, noting the lack of medical records supporting the severity requirement, the persistence of the shoulder injury for more than six months, and the absence of an affidavit. The order warned that the case would be dismissed for failure to prosecute if the outstanding documents were not filed or if there was no response.

On July 18, 2022, the petitioner's counsel filed a response, stating that the Order to Show Cause had been sent to the petitioner by certified mail and other means, with follow-up attempts, but without success. Counsel indicated an inability to contact the petitioner and therefore an inability to obtain the outstanding documents.

Counsel requested a decision to resolve the case. Chief Special Master Brian H.

Corcoran dismissed the case for failure to prosecute, citing the petitioner's obligation to follow and respond to orders and the failure to communicate with counsel, which prevented compliance. The decision noted that this failure was without justification or explanation.

As an alternative basis for dismissal, the Special Master found that the petitioner failed to establish entitlement to compensation because she did not establish the severity requirement, which mandates that the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention. The lack of evidence to support this requirement was detailed in the Order to Show Cause, and no additional medical records were filed subsequently.

The clerk was ordered to enter judgment accordingly. Petitioner's counsel was Leah V.

Durant, and respondent's counsel was Heather L. Pearlman.