Luker v. Secretary of Health and Human Services ( 2021 )


Menu:
  •      In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 21-429V
    UNPUBLISHED
    BETTY LUKER,                                                Chief Special Master Corcoran
    Petitioner,                           Filed: August 10, 2021
    v.
    Voluntary dismissal; Order
    SECRETARY OF HEALTH AND                                     concluding proceedings
    HUMAN SERVICES,
    Respondent.
    ORDER CONCLUDING PROCEEDINGS1
    On January 8, 2021, Betty Luker filed a petition for compensation under the
    National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2
    Petitioner alleged that she suffered a vaccine injury from the influenza vaccination she
    received on October 2, 2020. ECF no. 1. On August 9, 2021, Petitioner filed a notice of
    voluntary dismissal.
    In light of Petitioner’s “notice of dismissal at any time before service of
    respondent’s report” pursuant to Vaccine Rule 21(a)(1)(A), this case is dismissed
    without prejudice. Accordingly, this Order hereby notifies the Clerk of Court that
    proceedings “on the merits” of this petition are now concluded, but no judgment
    “on the merits” should be entered by the Clerk’s Office.
    IT IS SO ORDERED.
    s/Brian H. Corcoran
    Brian H. Corcoran
    Chief Special Master
    1 Although I have not formally designated this Order for publication, I am required to post it on the United
    States Court of Federal Claims' website because it contains a reasoned explanation for the action in this
    case, in accordance with the E-Government Act of 2002. 
    44 U.S.C. § 3501
     note (2012) (Federal
    Management and Promotion of Electronic Government Services). This means the Order will be available
    to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
    identify and move to redact medical or other information, the disclosure of which would constitute an
    unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition,
    I will redact such material from public access.
    2   National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 
    100 Stat. 3755
    .
    

Document Info

Docket Number: 21-429

Judges: Brian H. Corcoran

Filed Date: 9/7/2021

Precedential Status: Non-Precedential

Modified Date: 9/7/2021