United States Court of Federal Claims, 2022

Laing v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 22, 2022 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 21-0105V

UNPUBLISHED

MICHELLE LAING, Chief Special Master Corcoran Petitioner, Filed: January 14, 2022 v.

Voluntary dismissal; Order SECRETARY OF HEALTH AND concluding proceedings. HUMAN SERVICES,

Respondent.

ORDER CONCLUDING PROCEEDINGS 1 On January 5, 2021, Michelle Laing filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34. 2 Petitioner alleged that she developed Shoulder Injuries Related to Vaccine Administration (SIRVA) from a flu vaccine she received on September 6, 2019. Petition at 1. On December 20, 2021, Petitioner submitted a notice of voluntary dismissal.

In light of Petitioner filing a “notice of dismissal at any time before service of respondent’s report” pursuant to Vaccine Rule 21(a), this case is dismissed without prejudice. 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

1 Although I have not f ormally designated this Order for publication, I am required to post it on the United States Court of Federal Claims' website because it contains a reasoned explanation f or the action in this case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Order will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other inf ormation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

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