Joseph Scott Vancuren v. HHS - Influenza, neurological injury (2023)

Joseph Scott VanCuren filed a petition alleging a neurological injury from an influenza vaccine he received on October 27, 2018. He represented himself in the case, which was filed on October 26, 2021.

Mr. VanCuren submitted some medical records on July 7, 2022, and indicated he would file more, but failed to meet subsequent deadlines for these records.

The respondent noted that Mr. VanCuren had not provided sufficient proof of vaccination, and that the evidence regarding the vaccination date was inconsistent.

The respondent also argued that Mr. VanCuren's neurological symptoms were likely caused by cervical disk herniation, severe spinal stenosis, and spinal cord conditions, rather than the vaccine.

Mr. VanCuren missed a status conference and failed to respond to multiple court orders directing him to demonstrate his interest in continuing the litigation.

Ultimately, the court dismissed the case for failure to prosecute, as Mr. VanCuren had not taken any action since July 7, 2022, and did not respond to orders to show cause.

The decision noted that the case also had significant weaknesses, including insufficient evidence of vaccination and causation, but the dismissal was solely for failure to prosecute.