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

William Squicciarino filed a petition on January 8, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 9, 2019.

The petition did not initially include medical history for the injury or supporting documentation. On February 2, 2021, an order required the petitioner to file the statutorily required supporting documentation.

Petitioner's counsel filed an amended petition, an affidavit, medical records, and a Statement of Completion on June 10, 2021, which included a medical history for the injured shoulder through March 2, 2020. A subsequent order on June 21, 2021, required the petitioner to file additional medical records to satisfy the severity requirement, specifically that the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention.

On July 29, 2021, petitioner's counsel filed a status report stating that the petitioner had been unresponsive to communications since the case filing, preventing the submission of the required medical records. Counsel requested an additional sixty days to contact the petitioner, suggesting that if unsuccessful, the case could be dismissed without prejudice.

The court granted this extension. On September 28, 2021, counsel filed another status report indicating continued unresponsiveness from the petitioner and requested a show cause order be issued.

On November 2, 2021, an Order to Show Cause was issued, warning that the case would be dismissed for failure to prosecute if the petitioner did not file outstanding medical records or otherwise respond. Petitioner's counsel responded on January 4, 2022, citing the petitioner's continued unresponsiveness, noting that the petitioner had been out of contact since June 2021.

Counsel confirmed the Order to Show Cause was served on the petitioner's last known address and requested leave to file a motion to dismiss the petition without prejudice due to the petitioner's failure to communicate. Chief Special Master Brian H.

Corcoran issued a decision on July 5, 2022, dismissing the case with prejudice for failure to prosecute. The decision noted that it is the petitioner's obligation to respond to court orders, and failure to do so, whether due to attorney inaction or the petitioner's lack of communication, is grounds for dismissal.

The Special Master cited precedent establishing that dismissal is appropriate for willful failure to act, violation of court orders, repeated inaction, and clear warning of sanction. The decision explained that while counsel requested dismissal without prejudice, this could only be done voluntarily by the petitioner, which was not possible due to the lack of communication and consent.

Therefore, the case was involuntarily dismissed with prejudice pursuant to Vaccine Rule 21(b) for failure to prosecute.