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Vaccine Injury Compensation Program Case Dismissed for Failure to Prosecute

Strategic Insights

— 1 min read

Steven Gilbert's petition for compensation under the National Vaccine Injury Compensation Program has been dismissed due to his failure to prosecute the claim. Gilbert alleged that he suffered a right shoulder injury related to vaccine administration resulting from an influenza vaccine he received on September 26, 2018. Despite being directed to provide additional evidence, including documentation of the situs of vaccine administration, Gilbert failed to comply with court orders and submit the necessary evidence. As a result, Chief Special Master Brian H. Corcoran has dismissed the case.

Key Takeaways:

  • The case, No. 21-0552V, was filed on January 11, 2021, and amended on November 7, 2022.
  • Steven Gilbert alleged a right shoulder injury related to vaccine administration resulting from an influenza vaccine received on September 26, 2018.
  • Gilbert was directed to provide additional evidence, including documentation of the situs of vaccine administration, but failed to comply with court orders.
  • The case was dismissed due to Gilbert's failure to prosecute the claim and insufficient evidence.
  • Chief Special Master Brian H. Corcoran cited precedent from the Federal Circuit and the Court of Federal Claims in support of the dismissal (Padmanabhan v. Sec'y of Health & Human Servs., 638 Fed. App'x 1013 (Fed. Cir. 2016) and Tsekouras v. Sec'y of Health & Human Servs., 26 Cl. Ct. 439 (1992)).
  • The Clerk of Court is directed to enter judgment accordingly.
  • The case will be available to the public online, and Gilbert has 14 days to identify and move to redact medical or other information that would constitute an unwarranted invasion of privacy.

Statistics:

  • Date of filing: January 11, 2021
  • Revised date: November 7, 2022
  • Deadline for responding to show cause: September 30, 2024
  • Date of dismissal: July 22, 2025
  • Number of court orders issued: 6

Sources:

  • U.S. Court of Federal Claims, No. 21-0552V, decision dated July 22, 2025.
  • National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (subsection references to the Vaccine Act will be cited to 42 U.S.C. § 300aa (2018)).
  • Padmanabhan v. Sec'y of Health & Human Servs., 638 Fed. App'x 1013 (Fed. Cir. 2016).
  • Tsekouras v. Sec'y of Health & Human Servs., 26 Cl. Ct. 439 (1992), aff'd, 991 F.2d 810 (Fed. Cir. 1993).

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