Debra McCarthy v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Debra McCarthy filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2020. She did not provide any medical history or supporting documentation with her initial petition.

The court issued an order requiring these documents, but McCarthy failed to comply. Her counsel reported being unable to communicate with McCarthy since April 2021, which prevented her from obtaining the necessary medical records to advance her claim.

Following a status conference, the court issued an order to show cause why the case should not be dismissed for failure to prosecute. McCarthy's counsel confirmed service of this order, but no response was received from McCarthy.

The court noted that failure to prosecute, including failure to communicate with counsel and comply with court orders, is grounds for dismissal. As McCarthy continued to disregard court orders without justification, the case was dismissed for failure to prosecute.

The dismissal was based on procedural grounds rather than a determination on the merits of her alleged injury.