0RIGINAL
3111 the flHniteh Etates Qtnurt at erheral 4131810115
OFFICE OF SPECIAL MASTERS
No. 02-562V
Filed: August 27, 2015
Not to be Published
AUG 2 7 2015
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FEDERAL CLAIMS
SANTOS MORA, father and
next friend of DM, a minor,
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a:
*
)k
Petitioner, *
* Autism; Failure to Prosecute;
v. * Failure to Follow Court
* Orders; Insufficient Proof of
9|:
a:
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*
a:
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SECRETARY OF HEALTH Causation; Dismissal
AND HUMAN SERVICES,
Respondent.
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DECISION
On May 31, 2002, Petitioner filed a Petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program,i alleging that DM was injured by a vaccine or vaccines
listed on the Vaccine Injury Table. See § 14. I hereby dismiss this petition because Petitioner
has failed to prosecute or prove this case.
On August 28, 2013, I filed an Order requiring Petitioner to file an expert report in
support of his Petition, by October 28, 2013. Since that date, Petitioner’s counsel filed
successive motions, each requesting two to three additional months, in order to comply with my
Order. (See Motions, filed on 10i’2f8/l3, 12/12i’13, 3/2W14, 5f30f14, 7/241’14, 9/30/14, 12f1r’14,
21’101’15). On June 26, 2015, Petitioner’s counsel filed a Motion to withdraw as attorney of
re00rd. On June 30, 2015, I filed an Order granting the motion to withdraw as attorney of record
which included a reminder to Petitioner of the Order I filed on June 26, 2015, requiring the
expert report be fiied by July 27', 2015.
On July 29, 2015, I filed a Final Warning to Petitioner to file an expert report on or
before August 15, 201 S, warning that not doing so would be interpreted as a failure to prosecute
this claim. Petitioner was also advised that failure to follow court orders would result in
dismissal of Petitioner’s claim. Tsekouras v. Sec ’y, HHS, 26 Cl. Ct. 439 (1992), afl’dper
‘ The Program comprises Part 2 ofthe National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-
660, 100 Stat. 3?55, codified as amended, 42 U.S.C. §§ 3003a-10 et seq. (hereinafter “Vaccine Act” or
“the Act”). Hereafter, individual section references will be to 42 U.S.C. § 3003a of the Act.
curiam, 991 F.2d 810 (Fed. Cir. 1993); Sapharas V. See ’y. HHS, 35 Fed. Cl. 503 (1996);
Vaccine Rule 2103). Petitioner has not filed an expert report or responded.
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. /
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George L. Hastings,
Special Master