Gatica v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 12, 2022
• Docket: 21-1158
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1158V UNPUBLISHED

NEANA GATICA, Chief Special Master Corcoran

Petitioner, Filed: December 10, 2021 v. Withdrawal of petition; Order SECRETARY OF HEALTH AND concluding proceedings HUMAN SERVICES,

Respondent.

ORDER CONCLUDING PROCEEDINGS 1

On April 6, 2021, Neana Gatica 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 injuries after receiving a Gardasil vaccination on July 2, 2010, which then worsened after she had her second and third vaccinations on September 7, 2010 and January 1, 2011. ECF no. 1.

Because a decision had not been issued within the time specified in Vaccine Rule 10(b), a notice was issued on December 2, 2021, advising 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 December 2, 2021, 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 is hereby GRANTED. Accordingly, this Order notifies the Clerk of the 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 Although I have not f ormally 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 f or 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 inf ormation, 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