Ferguson v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 31, 2024
• Docket: 23-0312V
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-312V UNPUBLISHED

ERIN FERGUSON as personal representative of the estate of HALEY Chief Special Master Corcoran FERGUSON,

Petitioner, Filed: January 4, 2024 v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

ORDER CONCLUDING PROCEEDINGS1

On March 2, 2023, Haley Ferguson filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 The petition alleged that Haley suffered injuries after receiving human papillomavirus vaccinations on April 17, 2014, June 12, 2014, and October 9, 2014. ECF No. 1. After Haley’s death, Erin Ferguson was appointed the personal representative of Haley’s estate and continued pursuing her vaccine claim.

Because a decision had not been issued within the time specified in Vaccine Rule 10(b), a notice issued advising that “that the petitioner may withdraw the petition under section 300aa—21(b) of this title or the petitioner may choose under section 300aa—21(b) of this title to have the petition remain before the special master.” 42 U.S.C. § 300aa—12(g). On November 28, 2023, Petitioner timely filed a notice to withdraw the petition pursuant to 42 U.S.C. § 300aa—21(b).

In light of Petitioner’s election to withdraw the petition pursuant to 42 U.S.C. § 300aa—21(b) (promulgated as Vaccine Rule 10(d)), Petitioner’s request to withdraw the petition is GRANTED. 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.

1 Because this Order contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master