Steven Gilbert v. HHS - Influenza, right shoulder injury related to vaccine administration (2025)

Steven Gilbert filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a right shoulder injury related to vaccine administration resulting from an influenza vaccine received on September 26, 2018. The petition was filed on January 11, 2021, and amended on November 7, 2022.

The court directed Mr. Gilbert to file additional evidence regarding the location of the vaccine administration, as the initial records did not specify which arm was used.

This deadline was extended multiple times. On November 7, 2022, counsel informed the court of Mr.

Gilbert's death and that they were attempting to reach next of kin. Subsequently, the estate decided not to pursue the claim.

Despite multiple orders and status conferences, Mr. Gilbert's counsel failed to file a motion to withdraw the petition or substitute the estate as the petitioner.

The court noted that it is the petitioner's obligation to respond to court orders, and failure to do so can result in dismissal. Ultimately, the case was dismissed for failure to prosecute and insufficient evidence.

The Clerk of Court was directed to enter judgment accordingly.