Cecil Sharpe v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Cecil Sharpe filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on December 9, 2019. He filed his petition on January 8, 2021.

The court ordered him to submit supporting documentation, including medical records and an affidavit. Although he filed an amended petition, affidavit, and some medical records on June 14, 2021, the court required further documentation to satisfy the severity requirement.

Petitioner's counsel reported that Mr. Sharpe had been unresponsive to all communication since the case was filed, preventing counsel from obtaining the necessary records.

After multiple status reports and an order to show cause, Mr. Sharpe remained unresponsive.

The court noted that failure to prosecute or comply with court orders, especially after clear warning, is grounds for dismissal. Because Mr.

Sharpe did not respond to the order to show cause and remained out of touch with his counsel, the court dismissed the case with prejudice for failure to prosecute on July 5, 2022.