Silvia Villacorta Rosales v. HHS - Tdap, cellulitis (2026)
Case summary [AI summaries can sometimes make mistakes]
Silvia Villacorta Rosales filed a petition on March 10, 2026, alleging cellulitis as a result of receiving Tdap and PCV21 vaccinations on December 5, 2025. She provided initial medical records to support her claim.
The respondent argued that the case was not appropriate for compensation, as the petitioner had not established the Vaccine Act's severity requirement. The court ordered the petitioner to provide evidence supporting the severity requirement by June 16, 2026.
Petitioner failed to meet this deadline and made no further filings or contact with the court. The court granted an additional thirty days, warning that failure to comply would result in an order to show cause.
Petitioner again failed to meet the July 30, 2026 deadline. Subsequently, an Order to Show Cause was issued, giving Petitioner until September 8, 2026, to file evidence, with a warning that failure to do so would result in dismissal.
Petitioner did not respond by the final deadline. The court dismissed the case for failure to satisfy statutory requirements and for failure to prosecute, as the petitioner did not meet her burden of proof regarding the six-month severity requirement and failed to comply with court orders.
Source PDFs
USCOURTS-cofc-1_26-vv-00392