Heine v. Secretary of Health and Human Services
16-1241
| Fed. Cl. | Dec 19, 2017Background
- Petitioner Tara Heine filed a Vaccine Act petition alleging chronic severe right shoulder and neck pain after an influenza vaccine on October 1, 2013.
- Case assigned to the Special Processing Unit; petitioner was ordered to file medical records and a statement of completion but repeatedly missed deadlines and requested extensions.
- Petitioner submitted some initial documents but never supplied additional medical records or an expert opinion necessary to prove causation.
- Petitioner’s counsel attempted to contact her repeatedly and indicated intent to withdraw; petitioner did not respond and failed to comply with an Order to Show Cause.
- The court concluded petitioner did not meet the Vaccine Act’s proof requirements and dismissed the case for insufficient proof and failure to prosecute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner complied with court orders to file medical records and complete the record | Heine offered limited records and argued injury from flu vaccine | HHS argued records and expert proof were not provided and deadlines unmet | Court held Heine failed to comply and did not complete the record, justifying dismissal |
| Whether petitioner met the Vaccine Act burden to prove causation-in-fact | Heine asserted vaccine caused her shoulder/neck pain but provided no expert opinion or sufficient medical records | HHS asserted petitioner failed to provide medical records or a competent medical opinion to establish Althen elements | Court held petitioner failed to prove causation-in-fact (no medical theory, sequence, or proximate timing shown) |
| Whether dismissal is appropriate for failure to prosecute | Heine ceased communication with counsel and ignored show-cause order | HHS supported dismissal based on noncompliance and lack of prosecution | Court dismissed case for failure to prosecute and insufficient proof |
| Whether petitioner’s counsel’s fee application status affects dismissal | Counsel filed an attorneys’ fees/costs application after indicating intent to withdraw | HHS responded to the fee application; court treated it as final fees application despite case dismissal | Court dismissed the petition but noted the fees application will be considered as filed (no substantive ruling on fees in decision) |
Key Cases Cited
- Tsekouras v. Sec’y of Health & Human Servs., 26 Cl. Ct. 439 (1992) (failure to follow court orders and to file required records can justify dismissal)
- Sapharas v. Sec’y of Health & Human Servs., 35 Fed. Cl. 503 (1996) (similar principle that noncompliance warrants dismissal)
- Moberly v. Sec’y of Health & Human Servs., 592 F.3d 1315 (Fed. Cir. 2010) (petitioner bears burden to prove a prima facie case by preponderance of the evidence)
- Althen v. Sec’y of Health & Human Servs., 418 F.3d 1274 (Fed. Cir. 2005) (three-part test for causation-in-fact under the Vaccine Act)