HOPKINS v. SECRETARY OF HEALTH AND HUMAN SERVICES
1:22-vv-01486
| Fed. Cl. | May 23, 2025Background
- David Hopkins, acting pro se, filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury from a flu vaccine administered on October 25, 2019.
- Hopkins asserted that he developed shoulder pain after vaccination but did not initially specify which arm was affected.
- Despite multiple court orders and extensions over nearly two years, Hopkins failed to provide sufficient, properly filed medical records linking the injury to the vaccination as required.
- Medical evidence showed Hopkins had pre-existing right shoulder pain prior to the alleged vaccine injury and that the flu vaccine was administered in his left arm, while his injury claims related to his right shoulder.
- Respondent maintained the medical records did not support either a Table SIRVA injury or a causation-in-fact claim, and the court repeatedly warned Hopkins about possible dismissal for failure to comply.
- Ultimately, Hopkins failed to timely or adequately respond to orders to show cause or rebut the evidence regarding the laterality and timing of his injury and vaccination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to Prosecute | Delays due to difficulty obtaining records, stress, legal assistance sought | Hopkins did not meet deadlines or submit required proof | Case dismissed for failure to prosecute |
| Proof of Injury Linked to Vaccination | Claimed injury caused by vaccination, records withheld | Records show pre-existing pain; vaccine given in left arm, injury in right | Insufficient evidence: claim not established |
| Entitlement to Compensation for SIRVA | Claimed SIRVA from flu shot, sought compensation | Criteria not met: prior right shoulder pain and injury not corresponding to vaccinated arm | No entitlement to compensation |
| Accuracy and Completeness of Medical Records | Asserted missing/withheld records disproving pre-existing injury and vaccine side | Relied on petitioner-filed records; no evidence records are wrong | No evidence records are inaccurate or incomplete |
Key Cases Cited
- Sapharas v. Sec’y of Health & Hum. Servs., 35 Fed. Cl. 503 (Fed. Cl. 1996) (court may dismiss for failure to prosecute in Vaccine Act cases).
- Tsekouras v. Sec’y of Health & Hum. Servs., 26 Cl. Ct. 439 (Cl. Ct. 1992), aff’d, 991 F.2d 819 (Fed. Cir. 1993) (affirming dismissal for failure to prosecute).
- Claude E. Atkins Enters., Inc. v. United States, 889 F.2d 1180 (Fed. Cir. 1990) (affirming dismissal for failure to prosecute for lack of filings).
- Adkins v. United States, 816 F.2d 1580 (Fed. Cir. 1987) (affirming dismissal for unresponsiveness in litigation).
- Cucuras v. Sec’y of Health & Hum. Servs., 993 F.2d 1525 (Fed. Cir. 1993) (contemporaneous medical records presumed accurate).
- Althen v. Sec’y of Health & Hum. Servs., 418 F.3d 1274 (Fed. Cir. 2005) (requirements for proving vaccine causation-in-fact).