VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00381
Package ID: USCOURTS-cofc-1_21-vv-00381
Petitioner: Debrah Atkins
Filed: 2021-01-08
Decided: 2022-12-14
Vaccine: influenza
Vaccination date: 2019-10-25
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00381-0
Date issued/filed: 2022-12-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/18/2022) regarding 20 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.
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Case 1:21-vv-00381-UNJ Document 21 Filed 12/14/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-381V
UNPUBLISHED
DEBRAH ATKINS, Chief Special Master Corcoran
Petitioner, Filed: November 18, 2022
v.
Show cause; failure to prosecute;
SECRETARY OF HEALTH AND influenza (flu) vaccine; Shoulder
HUMAN SERVICES, Injury Related to Vaccine
Administration (SIRVA)
Respondent.
David J. Carney, Green & Schafle, LLC, Philadelphia, PA, for Petitioner.
Heather L. Pearlman, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 8, 2021, Debra Atkins filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 342
(the “Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to
vaccine administration from an influenza vaccine she received on October 25, 2019.
ECF No. 1. Due to Petitioner’s failure to prosecute her claim, this case is DISMISSED.
Relevant Procedural History
On February 1, 2021, the PAR Initial Order issued requiring Petitioner to file
medical records and other statutorily required supporting documentation. ECF No. 5. On
May 11, 2021, Petitioner filed an amended petition, medical records, and a Statement of
Completion. ECF Nos. 6-10.
After Pre-Assignment Review of the case, I issued an order on June 11, 2021,
requiring Petitioner to file, inter alia, medical records in support of the severity
requirement, i.e., that her shoulder injury persisted for more than six months or resulted
in inpatient hospitalization and surgical intervention. ECF No. 11. Petitioner received
three extensions of time but did not file any medical records to support the severity
requirement.
1 Although I have not formally designated this Decision for publication, I am required to post it on the United
States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will be
available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has
14 days to identify and move to redact medical or other information, the disclosure of which would constitute
an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this
definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter,
for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of
42 U.S.C. § 300aa (2012).

Case 1:21-vv-00381-UNJ Document 21 Filed 12/14/22 Page 2 of 2
On March 24, 2022, Petitioner’s counsel filed a status report indicating that
despite repeated attempts he had been unable to contact Petitioner since November
2021. ECF No. 16. Counsel requested that the Court issue a show cause order for
counsel to send to Petitioner’s last know mailing address.
On June 24, 2022, I issued an Order to Show Cause why this case should not be
dismissed for failure to prosecute. ECF No. 17. On July 20, 2022, counsel filed evidence
that the Order to Show Cause had been served on Petitioner by certified mail. ECF No.
18. In a filing submitted on August 28, 2022, counsel indicated that Petitioner continued
to be unresponsive.
Grounds for Dismissal
It is a petitioner’s obligation to follow and respond to orders issued by a special
master in a case. The failure to do so – whether on account of attorney error, inaction,
or because a petitioner has failed to stay in contact and/or communicate with counsel -
is grounds for the claim’s dismissal. Padmanabhan v. Sec’y of Health & Human Servs.,
638 Fed. App’x 1013 (Fed. Cir. 2016); Tsekouras v. Sec’y of Health & Human Servs.,
26 Cl. Ct. 439 (1992), aff’d, 991 F.2d 810 (Fed. Cir. 1993) (per curiam), (“[c]ontrolling
precedent considers dismissal appropriate when failure to act is deemed willful, when it
is in violation of court orders, when it is repeated, and when clear warning is given that
the sanction will be imposed”); Sapharas v. Sec’y of Health & Human Servs., 35 Fed.
Cl. 503 (1996) (“[n]ot only did petitioner fail to meet the court's . . . . deadline, but he
also ignored the chief special master's ‘warning’ order, clearly placing petitioner on
notice that failure to respond to the court's order . . . , would result in dismissal of the
claim. The chief special master clearly did not abuse his discretion in dismissing this
case for failure to prosecute”); see also Vaccine Rule 21(b) (“[t]he special master or the
court may dismiss a petition or any claim therein for failure of the petitioner to prosecute
or comply with these rules or any order of the special master or the court.”).
Petitioner was specifically advised in the June 24, 2022 Order to Show Cause
that failure to follow orders issued in this matter (and failure to communicate with her
counsel which prevents compliance with those order) risked dismissal of the claim. As
noted in the response to the Order to Show Cause, Petitioner has been out-of-touch
with her counsel since at least November 2021. Because Petitioner has continued to
disregard my orders, without justification or explanation, dismissal is now appropriate.
Accordingly, this case is DISMISSED for failure to prosecute. The clerk
shall enter judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 If Petitioner wishes to bring a civil action, he must file a notice of election rejecting the judgment
pursuant to § 21(a) “not later than 90 days after the date of the court’s final judgment.”
2