Claudia Garcia v. HHS - HPV, shoulder injury related to vaccine administration (2023)

Claudia Garcia filed a petition on February 16, 2021, on behalf of her minor child, G.G., alleging that G.G. suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus vaccine on November 14, 2019. The petition was filed under the National Vaccine Injury Compensation Program.

The petitioner initially filed a declaration but did not provide supporting medical records or details regarding the duration of the alleged injury. On February 19, 2021, an order required the petitioner to file necessary documentation.

Petitioner's counsel reported difficulties contacting the petitioner, stating they had been unable to reach her for extended periods despite repeated attempts via email, certified mail, and telephone calls. On August 2, 2022, Chief Special Master Brian H.

Corcoran issued an Order to Show Cause why the case should not be dismissed for failure to prosecute, noting that the petitioner had been unresponsive to counsel for approximately two years and had not provided medical records or a complete PAR Questionnaire. The order was sent to the petitioner by certified mail but was returned unclaimed.

The petitioner did not respond to the Order to Show Cause. Citing precedent regarding dismissal for failure to prosecute, violation of court orders, and lack of communication with counsel, Chief Special Master Corcoran dismissed the case on September 13, 2023, for failure to prosecute.

No compensation was awarded. 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.