Nobuntu Moyo v. HHS - Influenza, shoulder injury (2024)
Case summary [AI summaries can sometimes make mistakes]
Nobuntu Moyo filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging a shoulder injury resulting from influenza and Tdap vaccinations received on January 13, 2020. The public decision does not describe the specific onset or symptoms of the alleged shoulder injury, nor does it detail any medical records, treating physicians, or diagnostic tests.
The petition was filed by Jonathan J. Svitak of Shannon Law Group, P.C., and the respondent was the Secretary of Health and Human Services, represented by Heather L.
Pearlman of the U.S. Department of Justice.
Chief Special Master Brian H. Corcoran presided over the case.
The case was dismissed for failure to prosecute. The public decision details a procedural history spanning nearly three years, during which the petitioner repeatedly failed to provide necessary supporting documentation, including medical records and a statutory affidavit, despite multiple orders to show cause and extensions granted by the court.
Petitioner's counsel reported significant difficulties in maintaining contact with Ms. Moyo to obtain required information and signatures.
Despite several opportunities and warnings, the petitioner did not comply with court orders or cooperate sufficiently with her counsel to advance the claim. Consequently, Chief Special Master Corcoran dismissed the case, citing the petitioner's failure to prosecute and comply with court orders, referencing precedent that supports dismissal for repeated inaction, violation of court orders, and lack of prosecution after clear warning.
No award was made.
Theory of causation
Nobuntu Moyo filed a petition on January 12, 2021, alleging a shoulder injury from influenza and Tdap vaccinations on January 13, 2020. The case was dismissed for failure to prosecute on October 22, 2024, by Chief Special Master Brian H. Corcoran. The public decision does not describe the specific theory of causation, mechanism of injury, or any expert testimony. The dismissal was based on the petitioner's repeated failure to provide required supporting documentation, including medical records and a statutory affidavit, and her lack of cooperation with counsel and the court, despite multiple orders and warnings. Petitioner's counsel, Jonathan J. Svitak, and respondent's counsel, Heather L. Pearlman, were involved. No award was made.
Source PDFs
USCOURTS-cofc-1_21-vv-00719