Ma Lourdes Aspeita v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Ma Lourdes Aspeita filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 1, 2019. She filed her petition on January 8, 2021.

Initially, she did not provide supporting medical documentation. After being ordered to do so, she filed an amended petition, an affidavit, and some medical records on June 9, 2021.

The court then ordered her to file additional medical records to satisfy the severity requirement, which mandates that the injury persist for more than six months or result in inpatient hospitalization and surgical intervention. Her counsel reported that Ms.

Aspeita had become unresponsive to all communication since the filing of the amended petition. Despite multiple extensions and an order to show cause, Ms.

Aspeita remained unresponsive and failed to provide the necessary medical records or otherwise prosecute her claim. The court noted that failure to prosecute, especially after clear warnings and in violation of court orders, is grounds for dismissal.

Furthermore, Ms. Aspeita failed to establish the severity requirement for compensation.

Consequently, the case was dismissed for failure to prosecute.