{"package_id":"USCOURTS-cofc-1_21-vv-00301","decision_granule_id":"USCOURTS-cofc-1_21-vv-00301-0","petitioner_identifier":"Jamie Lynn Montoya Cook","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"influenza (flu)","vaccination_date":"2020-10-05","condition_raw":"Shoulder Injury Related to Vaccine Administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2023-02-21","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:24:59.324967+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Jamie Lynn Montoya Cook alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine administered on October 5, 2020. The petition was filed on January 7, 2021. Petitioner failed to provide any medical history or supporting documentation with her petition, despite multiple orders and warnings from the court, including an Order to Show Cause issued August 1, 2022. Petitioner's counsel reported being unable to communicate with Ms. Cook since April 5, 2021, preventing the acquisition of necessary medical records and hindering the prosecution of the claim. The case was dismissed by Chief Special Master Brian H. Corcoran on February 21, 2023, for failure to prosecute. The public decision does not describe the specific mechanism of injury, any medical experts, or provide details regarding the theory of causation beyond the initial allegation of SIRVA.","is_death":0,"date_of_death":null,"petition_filed_date":"2021-01-07","case_summary":"Jamie Lynn Montoya Cook filed a petition on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 5, 2020. The petition did not include any medical history or supporting documentation, which are required by program rules. On January 12, 2021, an order was issued requiring the petitioner to file these outstanding documents, but none have been filed. Petitioner's counsel filed a motion on May 20, 2022, stating that she had been unable to communicate with Ms. Cook since approximately April 5, 2021, despite repeated attempts. Counsel indicated that without communication and medical records, she could not advance the claim. A status conference was held on July 13, 2022, with counsel for both petitioner and respondent present. Following this conference, Chief Special Master Brian H. Corcoran issued an Order to Show Cause on August 1, 2022, warning that the case would be dismissed for failure to prosecute if the outstanding documents were not filed or if there was no response. Petitioner's counsel confirmed service of this order on August 19, 2022. No response was received from the petitioner. The public decision notes that failure to prosecute or comply with court orders, especially after clear warning, is grounds for dismissal. Citing precedent, the decision states that dismissal is appropriate when failure to act is willful, in violation of court orders, repeated, and given clear warning. As the petitioner had continued to disregard orders without justification and had been out of touch with her counsel since April 5, 2021, Chief Special Master Corcoran dismissed the case for failure to prosecute. Judgment was to be entered accordingly. No award was made.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Jamie Lynn Montoya Cook","petitioner_attorney_name":"Leah V. Durant","petitioner_attorney_firm":"Law Offices of Leah V. Durant, PLLC","petitioner_attorney_location":"Washington, DC","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:27","attorney_canonical_keys":"|leah-durant|","firm_canonical_key":"law-offices-of-leah-v-durant","package_title":"MONTOYA COOK v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00301","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00301.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00301.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_21-vv-00301-0","title":"MONTOYA COOK v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 1/27/2023) regarding 19 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2023-02-21","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_21-vv-00301/granules/USCOURTS-cofc-1_21-vv-00301-0/pdf","pdf_bytes":223892,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_21-vv-00301/USCOURTS-cofc-1_21-vv-00301-0"}]}