Benjamin Kane v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Benjamin Kane filed a petition on January 12, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on February 29, 2020. The court ordered Mr.

Kane to submit his medical records and a statement of completion by April 20, 2021. He failed to meet this deadline and did not respond to multiple inquiries from the court's chambers.

On September 8, 2021, the court issued another order, giving Mr. Kane until October 8, 2021, to file the required documents, warning that failure to comply would result in dismissal for failure to prosecute.

Mr. Kane missed this second deadline and had no further contact with the court.

Given his prolonged failure to prosecute his claim and lack of communication, the case was dismissed for failure to prosecute. The court noted that Mr.

Kane had been given 241 days to file his medical records and statement of completion.