Wingerter v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 8, 2021 ************************* KEN AND SHAUN WINGERTER, * No. 20-1408V on behalf of their minor child, H.W., *

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Petitioner, * Special Master Sanders v. *

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SECRETARY OF HEALTH * Vaccine Rule 10(d)(3); AND HUMAN SERVICES, * 42 U.S.C. § 300aa-21(b);

* Order Concluding Proceedings Respondent. *

************************* Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioners. Debra A. Begley, United States Department of Justice, Washington, DC, for Respondent.

ORDER CONCLUDING PROCEEDINGS 1

The petition in this matter was filed on October 16, 2020. ECF No. 1. Petitioners alleged that H.W. suffered an adverse reaction to the Gardasil vaccination administered on August 20, 2018. Id. at 1.

On June 14, 2021, I issued a formal notice pursuant to 42 U.S.C. § 3000aa-12(d)(3)(A)(ii), advising Petitioners that the statutory 240-day time period for the issuance of a decision had expired and notifying Petitioners that they may withdraw the petition under § 300aa-21(b) or choose to remain in the Vaccine Program. See ECF No. 15.

On July 6, 2021, Petitioners filed a notice of intent to withdraw petition in which they stated that, pursuant to 42 U.S.C. § 300aa-21(b), they wish to withdraw their petition. ECF No. 16.

Based on Petitioners’ notice, it appears that Petitioners are electing to exercise their right under § 300aa-21(b) to withdraw their petition following the Court’s failure to issue a decision within 240 days of the filing of said petition. Therefore, Petitioners’ request to withdraw their 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/ Herbrina D. Sanders Herbrina D. Sanders Special Master