Divine v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 20-1127V UNPUBLISHED

JUSTICE DIVINE, Chief Special Master Corcoran

Petitioner, Filed: June 2, 2021 v.

Withdrawal of petition; Order SECRETARY OF HEALTH AND concluding proceedings HUMAN SERVICES,

Respondent.

ORDER CONCLUDING PROCEEDINGS1

On September 2, 2020, Craig Divine filed a petition for compensation on behalf of his child, Justice Divine, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 Craig Divine alleged that Justice suffered autonomic dysfunction, among other injuries, after receiving his first human papillomavirus vaccination on July 19, 2017, and that Justice’s injuries were significantly worsened by the second human papillomavirus vaccination on September 26, 2017. ECF no. 1. When Justice reached the age of majority, he was substituted as the proper petitioner. ECF no. 13.

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 May 28, 2021, Petitioner filed a notice to withdraw his petition pursuant to 42 USC § 300aa-21(b).

In light of Petitioner’s election to withdraw the petition pursuant to 42 USC § 300aa-21(b) (promulgated as Vaccine Rule 10(d)), Petitioner’s request to withdraw his 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.

IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master