VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00519
Package ID: USCOURTS-cofc-1_21-vv-00519
Petitioner: Kathy Bell
Filed: 2021-01-11
Decided: 2023-03-02
Vaccine: influenza
Vaccination date: 2020-01-07
Condition: shoulder injury related to vaccine administration (SIRVA) resulting in chronic pain in her left shoulder and arm, or in the alternative, a significant aggravation of an underlying immunologic, neurologic, or genetic disorder resulting in the development of pain and decreased range of motion in her left shoulder and arm
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kathy Bell filed a petition on January 11, 2021, alleging that a flu vaccination on January 7, 2020, caused her to develop shoulder injury related to vaccine administration (SIRVA) or aggravation of an underlying disorder. Her former counsel attempted to contact her multiple times throughout 2021 without success and sought to withdraw due to lack of communication. After the counsel's withdrawal was granted in August 2022, the court ordered Ms. Bell to file a status report by September 16, 2022, indicating her intent to continue prosecution. Ms. Bell failed to file the report or any other document, and has not communicated with the court or her former counsel since 2021. The court dismissed the petition for failure to prosecute and failure to comply with court orders.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00519-0
Date issued/filed: 2023-03-02
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 2/1/2023) regarding 31 DECISION Dismissing Petition for Failure to Prosecute. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. (Main Document 32 replaced on 3/3/2023 to correct the pdf.) (fm). Petitioner served via First Class mail. (fm).
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Case 1:21-vv-00519-UNJ Document 32 Filed 03/02/23 Page 1 of 3
CORRECTED
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-519V
(not to be published)
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*
KATHY BELL, Special Master Katherine E. Oler
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*
Petitioner, *
Filed: February 1, 2023
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*
v. Reissued for Public Availability:
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* March 2, 2023
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES, Involuntary Dismissal; Failure to Comply
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* with Court Orders; Failure to Prosecute;
Respondent. * Rule 21(b).
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** * * * * * * * * * * * * * * * * * * * * * * * *
DECISION DISMISSING CASE FOR FAILURE TO COMPLY WITH COURT ORDERS
AND FAILURE TO PROSECUTE1
I. Procedural History
On January 11, 2021, Kathy Bell (“Petitioner”) filed a petition for compensation in the
National Vaccine Injury Compensation Program (the “Vaccine Program”)2 alleging that the flu
vaccination she received on January 7, 2020 caused her to develop a shoulder injury related to
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
Pursuant to Vaccine Rule 18(b), this Decision was initially filed on February 1, 2023, and the parties were
afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly, this
Decision is reissued in its original form for posting on the court's website.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine
Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that
statutory prefix).

Case 1:21-vv-00519-UNJ Document 32 Filed 03/02/23 Page 2 of 3
vaccine administration (“SIRVA”) resulting in chronic pain in her left shoulder and arm, or in the
alternative, a significant aggravation of an underlying immunologic, neurologic, or genetic
disorder resulting in the development of pain and decreased range of motion in her left shoulder
and arm. Pet. at 1, ECF No. 1.
Petitioner filed multiple motions for an extension of time, totaling 243 days. See ECF Nos.
7, 8, 9, 10, 12. On October 15, 2021, Petitioner’s former counsel, Mr. Glen Sturtevant Jr., spoke
with an OSM Staff Attorney about being unable to contact Petitioner. See Informal Telephonic
and Email Communication Remark on 10/27/2021. Mr. Sturtevant also indicated to the OSM Staff
Attorney his desire to withdraw as attorney from this case. See id.
On November 12, 2021, Mr. Sturtevant filed a status report detailing his efforts to try to
contact Petitioner. ECF No. 15. These efforts included:
• An email on January 27, 2021
• A telephone call on February 3, 2021
• An email on February 11, 2021
• An email on February 24, 2021
• An email on March 3, 2021
• A telephone call on March 12, 2021
• A telephone call on March 24, 2021
• A telephone call on April 8, 2021
• An email on April 14, 2021
• A letter via certified mail on April 15, 2021
• A telephone call and email on October 12, 2021
See id. Mr. Sturtevant received no communication from Petitioner. Id.
On February 17, 2022, Mr. Sturtevant filed a Motion to Withdraw as Attorney. ECF No.
21. Mr. Sturtevant also stated that he has not received a response from Petitioner for over a year.
See id.
On June 15, 2022, an order was issued directing Mr. Sturtevant to give notice to Petitioner
of his Motion to Withdraw and file proof that he has done so. ECF No. 22.
On August 1, 2022, Mr. Sturtevant filed Ex. 1, which included a letter to Ms. Bell, the
Motion to Withdraw, and the Court’s June 15, 2022 Order, which were emailed to Ms. Bell and
also mailed to her via first-class mail and certified mail. Ex. 1. Mr. Sturtevant also filed a certified
mail return receipt card. Ex. 2. Mr. Sturtevant filed a status report including Petitioner’s current
address and phone number. ECF No. 24.
On August 16, 2022, Mr. Sturtevant’s motion to withdraw as attorney was granted. ECF
No. 25. This case was assigned to me on that same date. ECF No. 28.
On August 17, 2022, I issued an Order to Show Cause, in which Petitioner was ordered to
file a status report indicating whether she would like to continue prosecution of her claim by
2

Case 1:21-vv-00519-UNJ Document 32 Filed 03/02/23 Page 3 of 3
September 16, 2022. ECF No. 30. I informed Petitioner that her failure to file a status report
would be interpreted as a failure to prosecute this claim and her petition would be dismissed.
September 16, 2022 passed with no filings from Petitioner. To date, Petitioner has not filed any
document indicating her desire to continue with the prosecution of her claim.
II. Conclusion
Vaccine Rule 21(b)(1) provides that a “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.” It is Petitioner’s obligation to follow court orders. Failure
to follow court orders, as well as failure to file status reports or other required documents, can
result in dismissal of Petitioner’s claim. Tsekouras v. Sec’y of Health & Hum. Servs., 26 Cl. Ct.
439 (1992), 991 F.2d 810 (Fed. Cir. 1993) aff’d per curiam without opin.; Sapharas v. Sec’y of
Health & Hum. Servs., 35 Fed. Cl. 503 (1996); Vaccine Rule 21(b). Petitioner has failed to file
any medical records and has not communicated with chambers or her former counsel since 2021.
ACCORDINGLY, IT IS ORDERED THAT,
The petition is hereby DISMISSED for failure to follow court orders and failure to
prosecute. The Clerk shall enter judgment accordingly.
A copy of this Decision shall be sent to Petitioner via U.S. Mail at the following address:
Kathy Bell
10572 W. Fountain Avenue
Apt. 60
Milwaukee, WI 53224
Any questions regarding this Decision may be directed to my law clerk, Sydney Lee, by
telephone at 202-357-6347, or by email at Sydney_Lee@cfc.uscourts.gov.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
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