VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00912
Package ID: USCOURTS-cofc-1_22-vv-00912
Petitioner: Margaret Reagan
Filed: 2022-08-16
Decided: 2023-03-02
Vaccine: hepatitis A
Vaccination date: 2019-08-13
Condition: heart attack and developed symptoms of arthritis
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Margaret Reagan filed a petition alleging that she suffered a heart attack and developed symptoms of arthritis as a result of a hepatitis A vaccine she received on August 13, 2019. She initially sought to proceed in forma pauperis, but this was denied due to her combined annual income exceeding the federal poverty level. Over several months, Ms. Reagan repeatedly failed to pay the required filing fee despite multiple extensions and court orders. She also failed to provide status reports and did not respond to court communications or an order to show cause. Consequently, the case was dismissed for failure to comply with court orders and failure to prosecute. No award was made.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00912-0
Date issued/filed: 2023-03-02
Pages: 3
Docket text: tioner served via first class mail on 03.06.2023 (mjk). Modified on 3/6/2023 (mjk). Modified on 3/6/2023 (mjk).PUBLIC DECISION (Originally filed: 1/17/2023) regarding 19 DECISION Dismissing Petition for Failure to Prosecute. Signed by Special Master Katherine E. Oler. (emh) Service on parties made. Peti
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Case 1:22-vv-00912-UNJ Document 21 Filed 03/02/23 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-912V
(Not to be Published)
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MARGARET REAGAN, Special Master Katherine E. Oler
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Petitioner, *
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Filed: January 17, 2023
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v. Reissued for Public Availability: March 2,
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* 2023
SECRETARY OF HEALTH AND *
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HUMAN SERVICES,
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* Involuntary Dismissal; Failure to Comply
Respondent. * with Court Orders; Failure to Prosecute;
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Rule 21(b).
* * * * * * * * * * * * * * * * * * * * * * * * * *
DECISION DISMISSING CASE FOR FAILURE TO COMPLY WITH COURT ORDERS
AND FAILURE TO PROSECUTE1
I. Procedural History
On August 16, 2022, Margaret Reagan (“Petitioner”), filed a petition for compensation in
the National Vaccine Injury Compensation Program (the “Vaccine Program”)2 alleging that she
suffered a heart attack and developed symptoms of arthritis as a result of the hepatitis A vaccine
she received on August 13, 2019. Pet. at 1, ECF No. 1.
Petitioner also filed a Motion for Leave to Proceed in forma pauperis on August 16, 2022.
ECF No. 2. In it, Petitioner reported that she and her spouse have a combined annual income of
$97,742 and a total of $3,000 cash on hand. Id. at 2.
On August 30, 2022, I held an initial status conference with Petitioner where we discussed
her motion to proceed in forma pauperis. I informed Petitioner that because her annual income is
well in excess of the federal poverty level, I was not able to grant her motion. Petitioner indicated
1 Pursuant to Vaccine Rule 18(b), this decision was initially filed on January 17, 2023, and the parties were
afforded 14 days to propose redactions. The parties did not propose any redactions. Accordingly, this
decision is reissued in its original form for posting on the court’s website.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine
Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that
statutory prefix).

Case 1:22-vv-00912-UNJ Document 21 Filed 03/02/23 Page 2 of 3
that an attorney was reviewing her medical records and she asked for two weeks to file a status
report updating the Court on her efforts to secure legal representation. I granted her request and
informed her that, if she did not secure representation by September 13, 2022, I would order her
to pay the filing fee. ECF No. 11 at 2.
On September 12, 2022, Petitioner provided an update via email regarding her efforts to
secure legal representation. Petitioner stated that an attorney had reviewed her medical records and
declined to take her case. Accordingly, I formally denied her motion to proceed in forma pauperis
and ordered Petitioner to pay the filing fee by September 27, 2022. I further ordered her to file a
status report by November 14, 2022, with an update on her efforts to secure representation. ECF
No. 12.
On September 25, 2022, Petitioner provided another update via email regarding her efforts
to secure legal representation. She indicated that the firm of Walch, Roberts, and Grace was
reviewing her case and requested another 30 days to pay the filing fee. I granted her request,
extending the deadline to pay the filing fee until October 27, 2022. ECF No. 14.
Petitioner provided a third update via email on October 27, 2022, informing the Court that
she was still having difficulty finding an attorney. She asked whether it was possible to proceed
with her claim without representation and how difficult it would be. I held a status conference on
November 2, 2022. During the status conference, I informed Petitioner that proceeding pro se is
possible, but challenging due to the complex underpinnings of cases in the Vaccine Program. I
explained the standard for vaccine claims set forth in Althen v. Secretary of Health and Human
Services and informed Petitioner that vaccine claims most often involve support from an expert,
either in the form of a written report or testimony, and that an attorney can be helpful in locating
and retaining an expert. I further advised Petitioner that she still needed to pay the filing fee. I
extended her deadline to do so to November 16, 2022. ECF No. 16. I also ordered her to file a
status report updating the Court on her efforts to find an attorney by December 2, 2022.
When Petitioner failed to pay the filing fee by November 16, 2022, as directed, my law
clerk contacted her via email on November 21, 2022. Petitioner did not respond to this email. I
then ordered Petitioner to pay the filing fee by December 2, 2022, and informed her that if she did
not do so, an order to show cause as to why her case should not be dismissed for failure to follow
court orders would issue. ECF No. 17. Petitioner did not pay the filing fee, file a status report, or
communicate with chambers in any manner.
On December 5, 2022, I issued an Order to Show Cause in which I ordered Petitioner to
show cause by January 5, 2023 as to why this case should not be dismissed pursuant to Vaccine
Rule 21(b) for failure to comply with prior orders in this action. ECF No. 18. I informed Petitioner
that her failure to file a response to the Order to Show Cause would be interpreted as a failure to
prosecute her claim, and that the petition would be dismissed. Id. Petitioner did not file a response
to the Order to Show Cause, nor did she pay the filing fee or communicate with chambers in any
manner.
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Case 1:22-vv-00912-UNJ Document 21 Filed 03/02/23 Page 3 of 3
II. Conclusion
Vaccine Rule 21(b)(1) provides that a “special master or the court may dismiss a petition
or any claim therein for failure of the petitioner to prosecute or comply with these rules or any
order of the special master or the court.” It is Petitioner’s obligation to follow court orders. Failure
to follow court orders, as well as failure to file status reports or other required documents, can
result in dismissal of Petitioner’s claim. Tsekouras v. Sec’y of Health & Hum. Servs., 26 Cl. Ct.
439 (1992), 991 F.2d 810 (Fed. Cir. 1993) aff’d per curiam without opin.; Sapharas v. Sec’y of
Health & Hum. Servs., 35 Fed. Cl. 503 (1996); Vaccine Rule 21(b). Petitioner has ignored multiple
orders to pay the filing fee and has not communicated with chambers since our status conference
on November 2, 2022.
ACCORDINGLY, IT IS ORDERED THAT,
The petition is hereby DISMISSED for failure to follow court orders and failure to
prosecute. The Clerk shall enter judgment accordingly.
A copy of this Decision shall be sent to Petitioner via U.S. Mail.
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
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