;QINAL 

1Ju tfyc lnitch ~tatcn Qlourt of JJrchcral Qllaimn 

OFFICE OF SPECIAL MASTERS Fl LED 

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LEE PAT ALOWSKI, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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Lee Patalowski, Lititz, PA, pro se; 

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JAN 10 2017 

OSM 

No. 15-1499V =u~?:s 

Special Master Christian J. Moran 

Filed: January 10, 2017 

Decision dismissing case; 

failure to prosecute. 

Lisa A. Watts, United States Dep't of Justice, Washington, D.C., for respondent. 

UNPUBLISHED DECISION DENYING COMPENSATION1 

Lee Patalowski filed a petition under the National Childhood Vaccine Injury 

Act, 42 U.S.C. §300a-10 et. seq., on December 11, 2015 . The petition alleged that 

he developed visual disturbances and was later diagnosed with optic 

neuritis/neuropathy, permanent vision loss, and possible multiple sclerosis as a 

result of the influenza ("flu") vaccination he received on December 12, 2012. The 

information in the record, however, does not show entitlement to an award under 

the Program. 

I. Procedural History 

A detailed procedural history of this case can be found in the order to show 

cause, filed October 14, 2016. In that order, Mr. Patalowski was instructed to 

1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). Pursuant to Vaccine Rule 18(b ), the parties have 14 days to 

file a motion proposing redaction of medical information or other information described in 42 

U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the 

document posted on the website. 

REISSUED FOR PUBLICATION

9 FEB 2017

OSM

U.S. COURT OF FEDERAL CLAIMS
show cause as to why this case should not be dismissed by December 13, 2016. To 

date, Mr. Patalowski has not responded. 

II. Analysis 

When a petitioner (or plaintiff) fails to comply with Court orders to 

prosecute her case, the Court may dismiss the case. Sapharas v. Sec'y of Health & 

Human Servs., 35 Fed. Cl. 503 (1996); Tsekouras v. Sec'y of Health & Human 

Servs., 26 Cl. Ct. 439 (1992), affd, 991 F.2d 819 (Fed. Cir. 1993) (table); Vaccine 

Rule 21(c); see also Claude E. Atkins Enters., Inc. v. United States, 889 F.2d 1180, 

1183 (Fed. Cir. 1990) (affirming dismissal of case for failure to prosecute for 

counsel's failure to submit pre-trial memorandum); Adkins v. United States, 816 

F.2d 1580, 1583 (Fed. Cir. 1987) (affirming dismissal of case for failure of party to 

respond to discovery requests). 

Additionally, to receive compensation under the National Vaccine Injury 

Compensation Program (hereinafter "the Program"), a petitioner must prove either 

1) that he suffered a "Table Injury" - i.e., an injury falling within the Vaccine 

Injury Table - conesponding to one of his vaccinations, or 2) that he suffered an 

injury that was actually caused by a vaccine. See§§ 300aa-13(a)(l)(A) and 300aa1 l(c)(l). An examination of the record did not uncover any evidence that Mr. 

Patalowski suffered a "Table Injury." Thus, Mr. Patalowski is necessarily 

pursuing a causation-in-fact claim. 

Under the Act, a petitioner may not be given a Program award based solely 

on the petitioner's claims alone. Rather, the petition must be supported by either 

medical records or by the opinion of a competent physician. § 300aa-13(a)(l). In 

this case, Mr. Patalowski did not file any medical records to suppmt his claim. 

Accordingly, Mr. Patalowski failed to demonstrate either that he suffered a "Table 

Injury" or that his injuries were "actually caused" by a vaccination. 

Thus, this case is dismissed for failure to prosecute and for insufficient 

proof. The Clerk shall enter judgment accordingly. See Vaccine Rule 21(b). 

IT IS SO ORDERED. 

tlvwdN-t, / .. 

Christian J. Mo~;;' 

Special Master