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

Debrah Atkins filed a petition for compensation on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 25, 2019. The court initially ordered her to provide supporting documentation, including medical records to demonstrate the severity of her injury, which required it to persist for more than six months or result in hospitalization and surgery.

Despite receiving multiple extensions, Ms. Atkins failed to submit the necessary medical records.

Her counsel reported being unable to contact her since November 2021. Consequently, the court issued an order to show cause why the case should not be dismissed for failure to prosecute.

After confirming service of the order and Ms. Atkins' continued unresponsiveness, the court dismissed the case on December 14, 2022, for failure to prosecute.

The dismissal was based on Ms. Atkins' failure to comply with court orders and communicate with her counsel, which prevented her from prosecuting her claim.