Kenneth Berard v. HHS - other (2026)

Kenneth Berard filed a petition for vaccine injury compensation. The case progressed to the expert reports stage, and it was noted that the claim was off-Table, requiring an expert report to proceed.

Petitioner's counsel filed a motion to withdraw, and Petitioner subsequently indicated his intention to proceed pro se. Over a period of 338 days, Petitioner was given multiple opportunities to obtain new counsel or file an expert report, but failed to do so.

The court issued an Order to Show Cause, and despite further warnings and extensions, Petitioner did not comply with court orders. Consequently, the case was dismissed for failure to prosecute.

Separately, a decision was issued awarding interim attorneys' fees and costs to Petitioner's counsel, Wendy Cox, in the amount of $88,484.23, due to the protracted nature of the proceedings and the counsel's impending withdrawal.