Eriksson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 24-104V UNPUBLISHED

MARTA ERIKSSON, on behalf of her minor child, V.L., Chief Special Master Corcoran

Petitioner, v. Filed: September 27, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

ORDER CONCLUDING PROCEEDINGS1

On January 25, 2024, Marta Eriksson filed a petition for compensation on behalf of her minor child, V.L., under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 Petitioner alleged that V.L. suffered injuries after receiving human papillomavirus vaccination on February 25, 2021, and April 20, 2022. ECF No. 1.

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 September 25, 2024, Petitioner timely filed a notice to withdraw the petition pursuant to 42 U.S.C. § 300aa—21(b).

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