Donna Schoenberger v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Donna Schoenberger filed a petition on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 30, 2020. The petition did not include the required medical history or supporting documentation.

Despite multiple orders and efforts by her counsel to obtain the necessary information and contact Ms. Schoenberger, she failed to provide the outstanding documents, including a required affidavit, and remained out of touch with her counsel.

The court noted that failure to prosecute, including failure to comply with court orders or communicate with counsel, is grounds for dismissal. Additionally, Ms.

Schoenberger failed to establish the severity requirement for compensation, which mandates that the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention. Due to her failure to prosecute and failure to establish entitlement, the case was dismissed.

The decision was issued on September 29, 2022.