Hodges v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: May 24, 2021 ************************* RYAN HODGES, as Mother and * No. 18-1234V Natural Guardian of S.H., a minor, *

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Petitioner, * Special Master Sanders v. *

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SECRETARY OF HEALTH * Vaccine Rule 21(a); AND HUMAN SERVICES, * Order Concluding Proceedings

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Respondent. *

************************* Braden A. Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for Petitioner. Jeremy C. Fugate, United States Department of Justice, Washington, DC, for Respondent.

ORDER CONCLUDING PROCEEDINGS1

On August 17, 2018, Ryan Hodges (“Petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that her minor child, S.H., suffered from various symptoms and ailments resulting from a human papillomavirus (“HPV”) vaccine administered on August 17, 2015 and December 31, 2015. Pet. at 1–6, ECF No. 1. On April 19, 2021, Petitioner filed a joint stipulation of dismissal on behalf of the parties pursuant to Vaccine Rule 21(a)(1)(B). ECF No. 33.

Accordingly, pursuant to Vaccine Rule 21(a), this case is hereby dismissed without prejudice. The Clerk of Court is hereby instructed that a judgement 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

***************************** RYAN HODGES, as Mother * And Natural Guardian of S.H., * A minor *

* Case No. 18-1234 Petitioner, *

* Special Herbrina Sanders v. *

* SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

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JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE It is hereby stipulated by and between the parties, the following matters:

1. On 8/17/2018, Ryan Hodges (as mother and natural guardian of S.H., a minor) filed a Petition for Vaccine Compensation.

2. Petitioner sought supporting expert medical opinions from her treating physicians and retained experts but, for various reasons, was unable to obtain a supporting expert report.

3. Petitioner and respondent hereby stipulate pursuant to Vaccine Rule 21(a) that this action shall be dismissed.

4. The parties respectfully request this dismissal be without prejudice, as petitioner wants to preserve all legal rights potentially available to her. 5. Petitioner understands that a decision by the Special Master dismissing her petition will result in no compensation being paid to petitioner. Petitioner has been advised that such a judgment will end petitioner’s rights in the Vaccine Program.

6. Petitioner understands that counsel for petitioner may apply for attorney’s fees and expenses once this case is dismissed and judgment is entered against petitioner’s claim.

7. Petitioner’s counsel has contacted respondent’s counsel regarding this Joint

Stipulation of Dismissal. Respondent approves of and joins this Joint Stipulation of Dismissal.

/s/ Braden Blumenstiel Braden A. Blumenstiel (0078254) Attorney for Petitioner DuPont & Blumenstiel 655 Metro Place South, Ste 440 Dublin, Ohio 43017 P: 614/ 408-0529 F: 866/465-1924 [email protected] /s/ Jeremy Fugate Jeremy Fugate Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146