Leal v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: November 19, 2019 * * * * * * * * * * * * * * *

RAFAEL D. LEAL, * No. 17-1513V *

Petitioner, * Special Master Sanders * v. * *

SECRETARY OF HEALTH * Stipulation; Dismissal; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Tetanus, Diphtheria, and * Pertussis (“Tdap”) Vaccine; SIRVA Respondent. * * * * * * * * * * * * * * * *

ORDER CONCLUDING PROCEEDINGS 1

On October 13, 2017, Rafael D. Leal (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner received a flu vaccination in his left arm and a Tdap vaccination in his right arm on February 29, 2016. Pet’r’s Ex. 4 at 4, ECF No. 22. Petitioner alleged that he developed a shoulder injury related to vaccine administration (“SIRVA”) in his left arm caused by the flu vaccine and in his right arm caused by the Tdap vaccine. See Pet. at 1, ECF No. 1. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Id. On November 1, 2019, the parties filed a joint stipulation in which they state that this action should be dismissed. Stip. at 2. Prior to filing the stipulation, Petitioner notified his counsel that he wished to withdraw from the Program and that he does not wish to pursue a separate legal action. Id. The parties then agreed to dismiss this action pursuant to Vaccine Rule 21(a). Id. Accordingly, pursuant to Vaccine Rule 21(a) the above-captioned case is hereby dismissed without prejudice. The Clerk of Court is hereby instructed that a judgment shall not enter in the instant case pursuant to Vaccine Rule 21(a).

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master