VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00124
Package ID: USCOURTS-cofc-1_23-vv-00124
Petitioner: Kyle McGinnis
Filed: 2023-01-27
Decided: 2023-07-26
Vaccine: influenza
Vaccination date: 2020-01-28
Condition: neurological injury
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Kyle McGinnis filed a petition for compensation under the National Vaccine Injury Compensation Program on January 27, 2023, alleging a neurological injury resulting from an influenza vaccine received on January 28, 2020. At an initial status conference on February 7, 2023, McGinnis indicated he was seeking legal representation. After his initial choice of law firm, Conway Homer, PC, declined his case, McGinnis informed the court on April 18, 2023, that he wished to dismiss his petition, stating he had difficulty typing and filing pleadings related to his injury. At a status conference on July 24, 2023, McGinnis confirmed his desire to dismiss the petition. Special Master Katherine E. Oler issued a decision on July 26, 2023, dismissing the petition for failure to prosecute, as per Vaccine Rule 21(b)(1). No specific injury was diagnosed or discussed, and no compensation was awarded. The decision was reissued for public availability on September 1, 2023.

Theory of causation field:
Petitioner Kyle McGinnis alleged a neurological injury resulting from an influenza vaccine received on January 28, 2020. The petition was filed on January 27, 2023. The case was dismissed for failure to prosecute on July 26, 2023, by Special Master Katherine E. Oler, after the petitioner confirmed his wish to dismiss the petition due to difficulty with legal filings. The public decision does not describe the specific neurological injury, onset, symptoms, diagnostic tests, treatments, or provide any expert testimony or a specific theory of causation. No compensation was awarded.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00124-0
Date issued/filed: 2023-09-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/26/2023) regarding 15 DECISION of Special Master. Signed by Special Master Katherine E. Oler. (emh) Service on parties made. Petitioner served via first class mail on 09.06.2023 (cam). Modified on 9/6/2023 (cam).
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Case 1:23-vv-00124-UNJ Document 18 Filed 09/01/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-124V
Filed: July 26, 2023
Reissued for Public Availability: September 1, 2023
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KYLE MCGINNIS,
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Petitioner, *
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Decision on Entitlement
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v.
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SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
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Respondent. *
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DECISION DISMISSING PETITION1
I. Procedural History
On January 27, 2023, Kyle McGinnis (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine
Act” or “Program”), alleging that he suffered from a “neurological injury” as a result of the
influenza (“flu”) vaccine he received on January 28, 2020. ECF No. 1 at 1.
At an initial status conference on February 7, 2023, Petitioner indicated that he was in the
process of finding an attorney to represent him. I gave him 30 days file a status report updating the
Court on his progress in securing legal representation. On March 14, 2023, Petitioner informed my
law clerk via email that the firm of Conway Homer, PC, was in the process of reviewing his case.
I gave Petitioner another 30 days to file a status report updating me on his progress in securing
legal representation. On April 18, 2023, Petitioner informed my law clerk via email that Conway
Homer had declined his case and that he wished to dismiss it. He stated that he had difficulty typing
1 Pursuant to Vaccine Rule 18(b), this decision was initially filed on July 26, 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:23-vv-00124-UNJ Document 18 Filed 09/01/23 Page 2 of 2
and filing pleadings due to his injury. Accordingly, I set a status conference for July 24, 2023, to
provide Petitioner with an opportunity to speak his motion for a decision dismissing his Petition.
At the July 24, 2023, status conference, Petitioner confirmed that he wishes to dismiss his
petition. I informed Petitioner that I would issue an order involuntarily dismissing his petition for
failure to prosecute. ECF No. 14. He agreed with this course of action.
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.” Petitioner has indicated that he does not intend to pursue
the claims made in his petition and that he prefers that the petition be dismissed.
As such, IT IS ORDERED THAT,
Petitioner’s petition is hereby DISMISSED. The clerk shall enter judgment
accordingly.3
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
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly
or separately) a notice renouncing their right to seek review.
2