David Titus v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

David Titus filed a petition for compensation under the National Vaccine Injury Compensation Program on February 5, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2020. The petition did not include the required medical history or supporting documentation.

Despite multiple orders from the court, including an Order to Show Cause issued on May 31, 2022, Mr. Titus failed to provide the necessary documents to establish the severity of his injury or to prosecute his claim.

His counsel reported on July 29, 2022, that she had sent the Order to Show Cause to Mr. Titus by certified mail and other means, and followed up without success.

Counsel advised that Mr. Titus had agreed to withdraw his case but had become unresponsive since November 24, 2021, preventing the finalization of the withdrawal.

Consequently, Chief Special Master Brian H. Corcoran dismissed the case on September 2, 2022, for failure to prosecute and failure to establish entitlement.

The dismissal was based on Mr. Titus's failure to respond to court orders and his inability to establish the severity requirement for compensation, which mandates that the injury persisted for more than six months or resulted in inpatient hospitalization and surgical intervention.

The public decision does not describe the specific symptoms, medical tests, or treatments related to the alleged injury, nor does it name any medical experts. The attorneys involved were Leah V.

Durant for the Petitioner and Heather L. Pearlman for the Respondent.