VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00552
Package ID: USCOURTS-cofc-1_21-vv-00552
Petitioner: Steven Gilbert
Filed: 2021-01-11
Decided: 2025-07-22
Vaccine: influenza
Vaccination date: 2018-09-26
Condition: right shoulder injury related to vaccine administration
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00552-0
Date issued/filed: 2025-07-22
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 06/11/2025) regarding 33 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00552-UNJ Document 37 Filed 07/22/25 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0552V
STEVEN GILBERT, Chief Special Master Corcoran
Petitioner, Filed: June 11, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION DISMISSING PETITION1
On January 11, 2021, Steven Gilbert filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”), which he amended on November 7, 2022. The Amended Petition alleges
that Mr. Gilbert suffered a right shoulder injury related to vaccine administration resulting
from an influenza vaccine received on September 26, 2018. Amended Petition at 1. Due
to Petitioner’s failure to prosecute his claim, this case is dismissed.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2018).

Case 1:21-vv-00552-UNJ Document 37 Filed 07/22/25 Page 2 of 3
The case was activated on May 5, 2022 (ECF No. 17). Petitioner filed evidence
suggesting that he had received flu and pneumococcal vaccines on September 26, 2018.
Ex. 6 at 12; Ex. 9 at 3-4. However, these records did not indicate in which arm the
vaccines were administered - a key fact in light of the claimed injury. Thus, Petitioner was
directed to file additional evidence addressing the situs of vaccine administration by
September 15, 2022 (ECF No. 20). This deadline was twice extended, giving Petitioner
until November 7, 2022, to file the documentation. Orders (non PDF) issued Sept. 29 and
Oct. 7, 2022.
On November 7, 2022, Petitioner filed an amended petition and a status report
stating that Petitioner’s counsel had just been informed of Mr. Gilbert’s death, and was
attempting to reach next of kin to determine whether they wished to maintain the action
(ECF Nos. 22, 23). On January 18, 2023, Petitioner filed a status report stating that
Petitioner’s widow planned to pursue the case, and would file a motion to substitute as
petitioner (ECF No. 25). But several months passed without this occurring – and then on
May 12, 2023, Petitioner filed a status report stating that Petitioner’s estate had opted not
to pursue the claim, and that a motion to withdraw the Petition would soon be filed (ECF
No. 28). Petitioner was directed to file a motion or status report by September 29, 2023.
Scheduling Order (NON PDF), issued Sept. 1, 2023.
Following a status conference, on November 16, 2023 Petitioner’s counsel filed a
status report detailing additional attempts to contact Petitioner’s widow/estate (ECF No.
30). Thereafter, I directed Petitioner to show cause, by no later than September 30, 2024,
why the case should not be dismissed for failure to prosecute (ECF No. 32). No response
to the Order was filed. And to date, Petitioner has not filed additional evidence as first
directed on July 15, 2022, and has not filed a motion to withdraw the petition or amend
the caption to substitute the estate as the petitioner.
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) (upholding dismissal for failure to prosecute); 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.”); see also Vaccine Rule 21(b) (“[t]he special master or the court
2

Case 1:21-vv-00552-UNJ Document 37 Filed 07/22/25 Page 3 of 3
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.”).
Conclusion
Petitioner has failed to prosecute his claim. Accordingly, this case is
DISMISSED for failure to prosecute and insufficient evidence. The Clerk of Court
shall enter judgment accordingly.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
3