Ethan Hibbard v. HHS - Meningococcal, immune thrombocytopenic purpura (2023)

On June 11, 2021, Ethan Hibbard, a 16-year-old, filed a petition alleging he suffered immune thrombocytopenic purpura (ITP) as a result of meningococcal and hepatitis A vaccines received on June 13, 2018. The case was reassigned to Special Master Nora Beth Dorsey on March 23, 2022.

Following the Respondent's report arguing against compensation, a status conference was held on December 14, 2022. Based on medical records, the Special Master determined the onset of ITP was approximately 85 days (12 weeks) after vaccination, which was considered too long a temporal association for a vaccine-related injury.

Petitioner's counsel was advised to confer with his client about these concerns. Petitioner subsequently filed status reports indicating he was still deciding how to proceed and requesting additional time.

On March 27, 2023, an order to show cause issued, requiring Petitioner to file evidence that his ITP onset was medically acceptable. Petitioner responded on April 26, 2023, filing medical literature and requesting to proceed.

The Special Master ordered Petitioner to file an expert report by June 26, 2023. On that date, Petitioner's counsel filed a motion for an extension, reporting an inability to reach Petitioner or his family since the April 26, 2023 status conference.

The motion stated that Petitioner's counsel had made numerous attempts to contact Petitioner and requested an additional 60 days to submit an expert report or a status report. The Special Master granted the extension until August 25, 2023, warning that failure to file an expert report would result in immediate dismissal.

Petitioner did not file an expert report by August 25, 2023. Instead, he filed a response to the order to show cause, detailing counsel's repeated unsuccessful attempts to contact Petitioner and obtain necessary information for an expert report.

The response indicated that Petitioner had not responded to communications regarding the expert report deadline. The Special Master noted that Petitioner had been put on notice regarding the onset issue on December 14, 2022, and had numerous opportunities to file an expert report but failed to do so.

The Special Master also observed that Petitioner appeared to have a disinterest in pursuing his claim and failed to provide necessary documentation. The medical records were deemed insufficient to establish entitlement to compensation, and no expert report was filed.

The case was dismissed for failure to prosecute and insufficient proof. Petitioner's counsel was Mark Sadaka, and Respondent's counsel was Michael Joseph Lang.

The decision was issued by Special Master Nora Beth Dorsey on October 13, 2023.