Wayne Waggener v. HHS - Influenza, shoulder injury (2024)

Wayne Waggener filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury from an influenza vaccination received on October 20, 2020. The petition was filed on October 26, 2021.

The court ordered the petitioner to file additional medical records and supporting documentation, but he failed to do so. An order to show cause was issued due to failure to prosecute.

Petitioner's counsel reported that Wayne Waggener had died and that no estate had been established. Subsequent investigations by counsel indicated the petitioner might be alive, but attempts to contact him were unsuccessful.

The court noted that without an established estate, counsel could not act on the petitioner's behalf. After further attempts to contact the petitioner and service of an Order to Show Cause, the court found that the petitioner had failed to prosecute his claim and disregarded court orders.

Consequently, the case was dismissed for failure to prosecute.