Maalouf v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 19-1788V Filed: June 8, 2021

* * * * * * * * * * * * * * LAURA VALENTIN MAALOUF, * UNPUBLISHED

* Petitioner, * Dismissal; Failure to Prosecute;

* Failure to Follow Court Orders; v. * Vaccine Rule 21(b)

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Laura Valentin Maalouf, pro se, West Chester, PA. Heather Pearlman, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION DISMISSING PETITION 1

Roth, Special Master:

On November 21, 2019, Laura Valentin Maalouf (“petitioner” or “Ms. Maalouf”) filed a claim as a pro se petitioner for compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that she suffered from cellulitis as a result of a Pneumovax vaccination administered on September 11, 2019. See Petition ¶¶2, ECF No. 1.

On January 27, 2020, a recorded status conference was held with the pro se petitioner. ECF No. 11. At this status conference, petitioner confirmed that her cellulitis had resolved in the two-to-three weeks following receipt of stronger antibiotics and had not returned. Petitioner was then informed that because her injury had resolved within a few weeks of her vaccination, her claim could not meet the statutory six-month requirement. However, at the time of the conference, six months had not yet passed since vaccination. Therefore, an order was issued on January 30, 2020 requiring petitioner to file a letter confirming whether her condition had resolved with no further sequela. A deadline of March 27, 2020 was set. Id.

Petitioner failed to comply with the January 30, 2020 Order and failed to file for any extension of time by the March 27, 2020 deadline.

On April 13, 2021, respondent filed a Motion requesting that an Order to Show Cause be issued. ECF No. 14. Respondent noted that, “[t]o date—more than one year later –petitioner has not filed the required letter or any further documentation to support her claim.” Id. at 2. Respondent’s Motion was granted on May 6, 2021 and an Order to Show Cause was issued. ECF No. 15. Petitioner was ordered file a response to the Order to Show Cause or otherwise show cause for why the case should not be dismissed. A deadline of May 21, 2021 was set. Id.

The May 21, 2021 deadline has now passed, and petitioner has failed to file any response to the Order to Show Cause or for any extension of time; petitioner has failed to communicate with the Court in any way.

Ms. Maalouf’s case has been pending for over a year without action from petitioner. She has been provided ample time to respond to Court ord ers but has repeatedly failed to do so. Ms. Maalouf has generally failed to apprise the Court of her status and her intentions regarding her vaccine injury claim.

It is petitioner’s duty to prosecute her case, and to follow court orders. Tsekouras v. Sec’y, HHS, 26 Cl. Ct. 439 (1992), aff’d per curiam, 991 F.2d 810 (Fed. Cir. 1993); Sapharas v. Sec’y, HHS, 35 Fed. Cl. 503 (1996); Vaccine Rule 21(b). Accordingly, this case is dismissed for failure to prosecute and failure to follow court orders. The clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/Mindy Michaels Roth Mindy Michaels Roth

Special Master