Case: 24-1513 Document: 28 Page: 1 Filed: 07/05/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARY CAPRI, Petitioner-Appellant

v.

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee ______________________

2024-1513 ______________________

Appeal from the United States Court of Federal Claims in No. 1:22-vv-01698-MBH, Senior Judge Marian Blank Horn. ______________________

Before STOLL, CUNNINGHAM, and STARK, Circuit Judges. PER CURIAM. ORDER Responding to this court’s April 12, 2024 order to show cause, the Secretary of Health and Human Services urges dismissal of this appeal as premature. Mary Capri also re- sponds, submitting a “Motion of Appeal,” ECF No. 22-1 at 1, and a “Notice of Final Order,” ECF No. 26-1 at 1. Ms. Capri filed a petition for compensation under the National Vaccine Injury Compensation Program. Case: 24-1513 Document: 28 Page: 2 Filed: 07/05/2024

2 CAPRI v. HHS

42 U.S.C. §§ 300aa-1 to 34. On February 9, 2024, the spe- cial master dismissed Ms. Capri’s petition. A week later, Ms. Capri filed a “Notice of Appeal” seeking this court’s re- view of the special master’s decision with a “Motion of Ap- peal” that the special master collectively construed as a motion for the United States Court of Federal Claims’s re- view of that same decision. Dkt. Nos. 46–47; ECF No. 25 at 2. That motion remains pending. It appears that the Court of Federal Claims forwarded the same documents to this court, which docketed this appeal. The statutory scheme governing Vaccine Act cases gen- erally provides that a “petitioner aggrieved by the findings or conclusions of law of the [Court of Federal Claims] may obtain review of th[at court’s] judgment” in this court with a timely appeal. 42 U.S.C. § 300aa-12(f). Here, the Court of Federal Claims has not entered judgment, so any appeal to this court is premature. Once the Court of Federal Claims enters judgment, Ms. Capri may, if necessary, seek our review by filing a timely notice of appeal. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each side shall bear its own costs. (3) Any pending motions are denied. FOR THE COURT

July 5, 2024 Date