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


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  •          In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 21-123V
    Filed: June 2, 2021
    UNPUBLISHED
    Special Master Horner
    JOHN B. CARAWAY,
    Petitioner,                                Order Concluding Proceedings;
    v.                                                              Vaccine Rule 21(a)
    SECRETARY OF HEALTH AND
    HUMAN SERVICES,
    Respondent.
    John B. Caraway, Chestertown, MD, acting pro se.
    Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
    ORDER CONCLUDING PROCEEDINGS 1
    On January 4, 2021, petitioner filed a petition alleging that he suffered transverse
    myelitis resulting from his October 4, 2017 influenza vaccination. On April 7, 2021,
    status conference was held in which several issues, including the timeliness of this
    claim, were raised.
    On April 20, 2021, petitioner advised that he would not continue his claim and on
    April 21, 2021, a further order was issued explaining petitioner’s options for exiting the
    program. On June 1, 2021, petitioner filed a notice of voluntary dismissal pursuant to
    Vaccine Rule 21(a).
    Accordingly, pursuant to Vaccine Rule 21(a), this case is hereby dismissed
    without prejudice. The Clerk of the Court is hereby instructed that a judgment shall
    not enter in the instant case pursuant to Vaccine Rule 21(a).
    1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
    be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
    Act of 2002. See 
    44 U.S.C. § 3501
     note (2012) (Federal Management and Promotion of Electronic
    Government Services). This means the decision 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
    redacted from public access.
    1
    IT IS SO ORDERED.
    s/Daniel T. Horner
    Daniel T. Horner
    Special Master
    2
    

Document Info

Docket Number: 21-123

Judges: Daniel T. Horner

Filed Date: 6/29/2021

Precedential Status: Non-Precedential

Modified Date: 6/29/2021