# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * * * * *

CHARLES WILLIAMS

, *

* No. 1 8

- 732 V

Petitioner, * Special Master Christian J. Moran

*

v. *

* Filed: August 18, 2021

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Court of Fed. Claims Rule 25;

* Death of petitioner; Decision

Respondent. * dismissing case.

* * * * * * * * * * * * * * * * * * * * * * * * *

Amy A. Senerth , Muller Brazil, LLP, Dresher, PA, counsel of record for petitioner;

Mallori Browne Openchowski , United States Dep’t of Justice, Washington, DC, for respondent.



### UNP UBLISHED DECISION DENYING COMPENSATION 1

Represented by Attorney Amy S enerth, Charles Williams asserted that an influenza

vaccine caused him to suffer a shoulder injury related to vaccine administration. Pet., filed May

23, 2018. The Secretary disputed this claim. Resp’t’s Rep., filed Sep t . 3, 2019. The case must

be dismi ssed due to the lack of a proper petitioner to maintain the action.



### I. Procedural History

Petitioner submitted medical records and, on March 24, 2020, filed an expert report. The

Secretary responded with an expert report. During the process of obtaining additional expert

reports, the undersigned directed petitioner to submit an affidavit desc ribing the extent of his

damages. Order, issued Apr

. 28, 2020.

1 T he E

- Government Act, 44 § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services), requires that the Court post this decision on its website

( https://www.uscfc.uscourts.gov/aggregator/sources/7 )

. Once posted, anyone can access this

decision via the internet. 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 redactio ns ordered by the special master will be reflected in the

document posted on the website.2

Petitioner received multiple enlargements of time to file this affidavit. Eventually, in a

December 17, 2020 status conference, Ms. Senerth stated that she was no longer able to

communicate with Mr. Williams. She also indicated that she found an obituary for him and had

tried unsuccessfully to reach his emergency contact

.

Ms. Senerth filed a death certificate on March 9, 2021. It indicated that Mr. Williams had

passed away on May 3, 2020. Thereafter, Ms. Senerth was directed to file a motion to subst itute

by June 21, 2021. Order, issued Mar

. 23, 2021 ( citing Christner v. Sec’y of Health & Human

Servs. , 145 Fed. Cl. 633 (2019) )

.

Ms. Senerth attempted to identify any person who might want to pursue this action on

behalf of the estate of Mr. Williams . However, she did not succeed. Pet’r’s Status Rep., filed

June 22, 2021.



### II. Legal Standard

The Vaccine Rules do not address the consequences of the death of the petitioner. Thus,

in absence of any specific direction, the Rules of the Court of Federal Cl aims (RCFC) are

consulted. See Vaccine Rule 1(c).

Rule 25 of the RCFC contains two aspects. First, Rule 25 explains the procedure that may

be followed. “If a party dies and the claim is not extinguished, the court may order substitution

of the proper pa rty. A motion for substitution may be made by any party or by the decedent’s

successor or representative.” Second, if the procedure is not followed, Rule 25 sets forth the

consequences. “If the motion is not made within 90 days after service of a statement noting

death, the action must be dismissed.”



### III. Discussion

Mr. Williams ’s petition must be dismissed due to the lack of a proper petitioner to

maintain the action. Mr. Williams cannot act as the petitioner because he has died. No one has

come forward to sub stitute for Mr. Williams within the time permitted by Rule 25. Thus, the

action must be dismissed.



### IV. Conclusion

For the foregoing reason, this case is dismissed. The Clerk shall enter judgement

accordingly.

IT IS SO ORDERED

. s/Christian J. Moran

Christian J. Moran

Special Master