UNPUBLISHED

DISMISSAL DECISION1

MINDY MICHAELS ROTH, Special Master.

On September 25, 2015, Crystal Turner ("Ms. Turner" or "petitioner"), by and through her counsel, Andrew Downing, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the "Vaccine Act" or "Program") on behalf of her minor child, C.R. Ms. Turner alleged that the measles-mumps-rubella ("MMR"), diphtheria-tetanus-acellular pertussis ("DTaP #2"), pneumococcal conjugate ("PCV # 1"), and influenza ("flu") vaccinations that C.R. received on September 27, 2012, caused him to suffer "a severe adverse reaction." See Amended Petition ("Am. Pet."), ECF No. 14.3 Both the initial Petition and the Amended Petition imply that C.R.'s alleged "severe adverse reaction" was the development of Type 1 diabetes. Id., see also Petition, ECF No. 1.

On June 3, 2016, Mr. Downing moved to be relieved as counsel. After rendering a decision on his motion for interim attorney's fees and costs,4 I granted his motion to withdraw on September 16, 2016, ECF No. 29. Petitioner became a pro se litigant and was ordered to contact my chambers to schedule a status conference. Petitioner did not comply with that or any other order. Pursuant to Vaccine Rule 21(b), her case is dismissed for failure to prosecute and failure to comply with court orders.

I. Factual History.

This case was one of three Fulminant Type 1 diabetes cases that Mr. Downing was pursuing.5 Although previous Type 1 diabetes cases had not been successful in the Program, Mr. Downing believed that C.R.'s case and two other cases were "distinguishable from the traditional" diabetes cases already adjudicated by special masters. Petitioner's Reply to Motion for Interim Attorneys' Fees ("Reply"), ECF No. 18, at 7.

C.R. was born on June 9, 2010. Petitioner's Exhibit ("Pet. Ex.") 2 at I. Petitioner was the single mother of four children and had no regular transportation available to her. Pet. Ex. 1 at 1. Neither C.R. nor his siblings had regular pediatric care. Id When they were sick, they were taken to a local clinic. Id

According to petitioner, when Children's International Medical Group opened, she brought C.R. there for a check up on August 24, 2012. Pet. Ex. 1 at!. C.R. was a little more than two years of age and noted to be "well developed, well nourished, playful/smiling." Pet. Ex. 6 at 27. Because C.R. had only received one vaccine in his lifetime, petitioner agreed to bring him once a month to receive his vaccinations in order to bring him up to date. Pet. Ex. 1 at 1.

C.R. received vaccinations during his office visit on August 24, 2012. Thereafter, his mother brought him back every month to receive additional vaccinations. On September 27, 2012, C.R. received the allegedly causal MMR, DTaP #2, PCV #1, and flu vaccines. Pet. Ex. 6 at 24.6 However, only the influenza vaccination received on September 27, 2012 was identified as allegedly causal in the Petition. See Pet., ECF No. 1; Am. Pet., ECF No. 14.

According to petitioner, prior to receiving the allegedly causal flu vaccination on September 27, 2012, C.R. had been an active child who rarely sat still. Pet. Ex. 1 at 2. Beginning in October or early November of 2012, however, she stated that her son became less active. Petitioner reported that C.R. had episodes of staring into space and not responding when spoken to. Id.

Between late December 2012 and January 2013, petitioner stated that C.R. was drinking more, became ill more often, and slept and cried a lot. Pet. Ex. 1 at 2. C.R.'s increased drinking caused frequent urination. In March of 2013, after a friend told her about Type 1 diabetes, petitioner made an appointment to have C.R.'s blood sugar levels tested. Id. However, before C.R.'s appointment, he had a night of inconsolable crying. Id. He awoke the next morning, March 27, 2013, with red cheeks and chapped lips that were changing color. Id. C.R. was taken to Children's Hospital in New Orleans where his blood sugar level registered at 912.7 Pet. Ex. 4 at 244. C.R. was diagnosed with Type 1 diabetes, noted to be in diabetic ketoacidosis, and immediately put on an IV and administered insulin. Pet. Ex. 4 at 128, 132, 175.

II. Procedural History.

After petitioner filed medical records and a Statement of Completion (see ECF Nos. 8-9), I held the initial status conference on November 3, 2015.8 Following the conference, I ordered petitioner to file remaining medical records and an Amended Petition. Order, issued Nov. 3, 2015, ECF No. 13. Petitioner filed her Amended Petition on January 4, 2016, ECF No. 14. The Amended Petition was nearly identical to the original Petition, the only difference being that the Amended Petition included all of the vaccinations that C.R. received on September 27, 2012, rather than just the flu vaccine identified in the original Petition. Neither the original Petition nor the Amended Petition mentioned the vaccinations that C.R. received on October 29, 2012.

Another status conference was held on February 24, 2016. Mr. Downing informed the court that he had been unable to contact his client. He was given 30 days to speak with Ms. Turner to explain how diabetes claims have been handled by other special masters and to decide how to proceed with the case. Order, issued Feb. 25, 2016, ECF No. 15.

Petitioner did not file anything in response to my order. On April 12, 2016, my law clerk sent petitioner's counsel an email inquiring about the missed deadline. In response, petitioner's counsel stated that he intended to withdraw as counsel. On April 18, 2016, petitioner's counsel filed a Motion for Interim Fees and Costs ("Motion for Fees"). Motion for Fees, ECF No. 16 (stricken on June 21, 2016). Respondent filed her response on May 5, 2016 ("Response"), ECF No. 17, and petitioner filed a reply brief on May 19, 2016 ("Reply"), ECF No. 18. Petitioner's counsel then filed a motion to supplement attorney fees ("Supplemental Motion") and a motion to withdraw on June 3, 2016. ECF Nos. 20-21. On June 20, 2016, respondent filed a response ("Supplemental Response") to petitioner's Supplemental Motion. ECF No. 22. Apparently, the documentation provided by petitioner in support of her Motion belonged to another case. A motion to strike was filed on June 21, 2016. ECF No. 23. The original motion for fees was struck the same day. Petitioner then filed a motion for fees, this time with the necessary documentation, on June 21, 2016. ECF No. 24. Respondent filed her Response on June 23, 2016. ECF No. 23. Petitioner filed her reply on June 23, 2016. ECF No. 26.

On August 11, 2016, I issued my Decision on Interim Attorney Fees and Costs, ECF No. 27. I summarized the factual and procedural history before ultimately concluding that counsel had had a reasonable basis to pursue the claim. After judgment entered, I granted petitioner's counsel's Motion to Withdraw as Attorney. Order, issued Sept. 16, 2016.

In granting Mr. Downing's Motion to Withdraw, this case became prose. I ordered the clerk of court to convert the case to paper filing and to send a copy of the order by certified mail to petitioner's address. I also noted petitioner's email address and phone number. Finally, I ordered petitioner to contact my chambers by October 31, 2016, to schedule a status conference. I also provided the chambers telephone number. Order, issued Sept. 16, 2016, ECF No. 29.

Petitioner failed to contact my chambers. On November 4, 2016, my law clerk called petitioner at the telephone number provided. Ms. Turner did not answer, and her voicemail was full. My law clerk then sent her an email to the address provided, copying respondent's counsel, but received no response. See Informal Communication (Remark), Nov. 4, 2016. On November 15, 2016, my law clerk again attempted to contact petitioner. This time, she was able to leave a voicemail. See Informal Communication (Remark), Nov. 11, 2016. Petitioner did not respond.

On November 17, 2016, I issued an Order to Show Cause instructing petitioner to contact chambers or otherwise show cause why her claim should not be dismissed for failure to prosecute by December 12, 2016. Order to Show Cause, issued Nov. 17, 2016, ECF No. 30. I informed petitioner that "[f]ailure to respond to this order, or any other orders, will result in immediate dismissal of this claim." Id I again provided petitioner with chambers contact information.

Petitioner filed nothing in response to the Order to Show Cause. There is no indication that the order and accompanying forms were retmned as undeliverable.

III. Dismissal for Failure to Prosecute and Failure to Comply with Court Orders.

Under Vaccine Rule 21(b), a claim may be dismissed "for failure of the petitioner to prosecute or comply with [the Vaccine Rules] or any order of the special master or the court." Vaccine Rule 21(b)(1). See also 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). I have emphasized that refusal to comply with court orders will result in the dismissal of Ms. Turner's claim. See Order to Show Cause, issued Nov. 17, 2016, ECF No. 30. Despite these warnings, petitioner has still failed to comply with court orders. Therefore, her claim is DISMISSED for failure to prosecute and for failure to comply with court orders. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.