Pisani v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS ************************* ANNE PISANI, as legal representative of * ESTATE OF FRANK PISANI, * No. 20-1249V

*

Petitioner, *

* Special Master Christian J. Moran v. *

* Filed: March 1, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

************************* Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner; Dorian Hurley, U.S. Dep’t of Justice, Washington, DC, for respondent.

ORDER CONCLUDING PROCEEDINGS 1 Anne Pisani alleged that an influenza vaccine administered to her husband Frank Pisani on October 10, 2018, caused him to suffer from Guillain-Barré syndrome. Pet., filed Sept. 23, 2020.

On February 29, 2024, the parties filed a joint stipulation for dismissal, stating, “The parties hereby stipulate that this action shall be dismissed,” and that “Petitioner understands that an order concluding the proceedings under Rule 21(a) will not result in a judgment which would allow the pursuit of a civil claim.” J. Stip. ¶ 2-3.

Vaccine Rule 21(a)(1)(B) allows petitioners to engage in a voluntary dismissal by filing a stipulation of dismissal that all parties have signed, which the parties here have done.

Accordingly, pursuant to Vaccine Rule 21(a), the above-captioned case is hereby dismissed without prejudice. The Clerk of the Court is hereby instructed that a judgment shall not enter in the instant case pursuant to Vaccine Rule 21(a).

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master