{"package_id":"USCOURTS-cofc-1_21-vv-00557","decision_granule_id":"USCOURTS-cofc-1_21-vv-00557-0","petitioner_identifier":"Kimberly Evans","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":"tetanus diphtheria","vaccination_date":"2020-05-17","condition_raw":"Shoulder Injury Related to Vaccine Administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2022-08-01","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:25:40.510962+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner Kimberly Evans alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from a tetanus diphtheria (Td) vaccination received on May 17, 2020. The public decision does not describe the specific mechanism of injury, any medical experts, or the petitioner's specific symptoms or treatments. The case was dismissed on August 1, 2022, by Chief Special Master Brian H. Corcoran for failure to prosecute, as Petitioner failed to provide required medical documentation and failed to communicate with her counsel or respond to court orders, despite multiple extensions and a final Order to Show Cause. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Heather L. Pearlman. No award was made.","is_death":0,"date_of_death":null,"petition_filed_date":"2021-01-11","case_summary":"Kimberly Evans filed a petition on January 11, 2021, on her own behalf, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from a tetanus diphtheria (Td) vaccination received on May 17, 2020. The respondent was the Secretary of Health and Human Services. Ms. Evans did not provide any medical history or supporting documentation with her initial petition. Following the filing, the court issued an order requiring the submission of outstanding documents, and Ms. Evans requested and received numerous extensions of time but did not file the necessary supporting documents. On December 14, 2021, Ms. Evans' counsel filed a status report indicating multiple unsuccessful attempts to contact Ms. Evans since the petition was filed, noting a lack of replies. Counsel requested an order to show cause for the purpose of presenting it to Ms. Evans. On March 28, 2022, an Order to Show Cause was issued, warning that the case would be dismissed for failure to prosecute if Ms. Evans did not file the outstanding medical records or otherwise respond. On May 27, 2022, counsel reported that the Order to Show Cause had been delivered to Ms. Evans on May 9, 2022, but counsel still had not been able to communicate with Ms. Evans or obtain the required medical records. The Special Master noted that failure to prosecute, including failure to comply with court orders and communicate with counsel, 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 warnings of impending sanctions. The Special Master found that Ms. Evans had been out of touch with her counsel since January 2021 and had continued to disregard court orders without justification. Additionally, Ms. Evans had not filed any statutorily required documentation, such as medical records or affidavits, to establish the elements of her claim. Consequently, the case was dismissed on August 1, 2022, for failure to prosecute. The decision was issued by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Heather L. Pearlman. No award amount was granted as the case was dismissed.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Kimberly Evans","petitioner_attorney_name":"Ronald C. Homer","petitioner_attorney_firm":"Conway, Homer, P.C.","petitioner_attorney_location":"Boston, MA","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:36","attorney_canonical_keys":"|ronald-homer|","firm_canonical_key":"conway-homer","package_title":"EVANS v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00557","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00557.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00557.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_21-vv-00557-0","title":"EVANS v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 7/8/2022) regarding 15 DECISION of Special Master. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made.","date_issued":"2022-08-01","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_21-vv-00557/granules/USCOURTS-cofc-1_21-vv-00557-0/pdf","pdf_bytes":205250,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_21-vv-00557/USCOURTS-cofc-1_21-vv-00557-0"}]}