Kathleen G. McKenna v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Kathleen G. McKenna filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2019.

The Special Master's decision notes that Petitioner only filed a declaration in support of her petition. On February 11, 2021, an initial order required Petitioner to file medical records and other statutorily required supporting documentation.

Despite receiving two extensions of time, Petitioner failed to file these documents. On August 23, 2021, Petitioner's counsel filed a status report stating they had been unable to contact Petitioner since February 2021 to obtain information or permission to withdraw the case, and were unaware if her injury met the requirements for compensation.

Counsel detailed numerous unsuccessful attempts to communicate with Petitioner. On June 13, 2022, Chief Special Master Brian H.

Corcoran issued an Order to Show Cause why the case should not be dismissed for failure to prosecute. Counsel filed evidence on July 5, 2022, that the order had been served on Petitioner by certified mail.

The decision cites precedent establishing that failure to prosecute, including failure to stay in contact with counsel and comply with court orders, is grounds for dismissal. As Petitioner had continued to disregard court orders without justification and remained out of contact with her counsel, the case was dismissed for failure to prosecute.

No compensation was awarded. The decision was issued by Chief Special Master Brian H.

Corcoran. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and respondent's counsel was Heather L.

Pearlman of the U.S. Department of Justice.