Fred Allison v. HHS - Influenza, shoulder injury related to vaccine administration (2025)

Fred Allison filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and pneumonia vaccines on October 21, 2019. The petition was filed on July 25, 2022.

The case was initially placed in a special processing unit, but the Special Master noted that the pneumococcal polysaccharide vaccine is not on the Vaccine Injury Table, meaning the claim could not be based on that vaccine. The petitioner was ordered to file a supplemental affidavit and an amended petition detailing the vaccine and injury.

Petitioner's counsel filed two motions for extensions of time and a motion to withdraw, citing an inability to contact the petitioner who had become unresponsive. The Special Master issued an order for the petitioner to show cause why the claim should not be dismissed, warning that failure to respond would lead to dismissal for failure to prosecute.

Petitioner did not respond to this order. The Special Master dismissed the petition on August 25, 2025, for failure to prosecute, citing the petitioner's failure to comply with court orders and respond to the show cause order, as well as counsel's inability to contact the client.