Brenda Carrasquillo v. HHS - Influenza, neuropathy, neuritis, paresthesia, neuralgia, arthralgia, myalgia, myositis, and chronic fatigue (2024)
Case summary [AI summaries can sometimes make mistakes]
Brenda Carrasquillo filed a petition on September 16, 2021, alleging that an influenza vaccine she received on November 3, 2018, caused her to suffer from neuropathy, neuritis, paresthesia, neuralgia, arthralgia, myalgia, myositis, and chronic fatigue. Initially represented by counsel, Ms.
Carrasquillo submitted some medical records but did not file an expert report. Her counsel filed multiple motions for extensions of time, indicating that her diagnosis was unclear and that she had not had recent medical treatment.
Eventually, her counsel sought to withdraw, stating they had lost contact with Ms. Carrasquillo.
The court granted the withdrawal and ordered Ms. Carrasquillo, now pro se, to file a status report on how she wished to proceed.
She missed several subsequent deadlines for filing status reports and failed to provide any evidence to support her claim, despite repeated warnings that the case could be dismissed. The court issued an Order to Show Cause, giving her a final opportunity to present evidence of a vaccine-related injury, but she did not comply.
Consequently, the court dismissed the case for failure to prosecute and for insufficient proof, finding that Ms. Carrasquillo had not demonstrated a defined, recognizable injury or that her condition was actually caused by the vaccine, nor had she provided an expert report.
The decision was issued on May 1, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-01866