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Vaccine Injury Compensation Program Petition Withdrawn

Strategic Insights

— 2 min read

Petitioner Kimberly Sullivan filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her minor child, M.S., alleging injuries sustained after receiving human papillomavirus vaccinations in June, July, and August 2022. Without a decision being issued within the time specified, a notice was issued advising petitioner to withdraw the petition or have it remain before the special master. Petitioner chose to withdraw the petition, which was subsequently granted. This order concludes proceedings "on the merits," but no judgment "on the merits" will be entered by the Clerk's Office.

Key Takeaways:

  • Petitioner Kimberly Sullivan filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her minor child, M.S., alleging injuries sustained after receiving human papillomavirus vaccinations on June 13, 2022, July 20, 2022, and August 15, 2022 (ECF No. 1).
  • Petitioner chose to withdraw the petition in accordance with 42 U.S.C. § 300aa-21(b), which was timely filed on November 30, 2023.
  • The request to withdraw the petition was granted, and proceedings "on the merits" concluded (Order).
  • No judgment "on the merits" will be entered by the Clerk's Office in accordance with the order.
  • Petitioner has 14 days to identify and move to redact medical or other information that may constitute an unwarranted invasion of privacy (Vaccine Rule 18(b)).
  • The order will be available on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002 (44 U.S.C. § 3501 note).

Statistics:

  • 1 petition was filed under the National Vaccine Injury Compensation Program.
  • 3 vaccinations (human papillomavirus) were documented as being administered to the minor child, M.S.
  • 11 months elapsed between the vaccinations and the filing of the petition (June 13, 2022 - March 31, 2023).
  • 2 months elapsed between the filing of the notice to withdraw the petition and the order granting the request to withdraw (November 30, 2023 - January 2, 2024).
  • 14 days are provided for petitioner to identify and move to redact medical or other information that may constitute an unwarranted invasion of privacy (Vaccine Rule 18(b)).

Sources:

  • United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS, No. 23-458V Kimberly Sullivan, on behalf of her minor child, M.S., Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
  • 42 U.S.C. § 300aa-10 through 34 (National Vaccine Injury Compensation Program).
  • 42 U.S.C. § 300aa-12(g) (Vaccine Rule 10(b)).
  • 42 U.S.C. § 300aa-21(b) (Vaccine Rule 10(d)).
  • 44 U.S.C. § 3501 note (Federal Management and Promotion of Electronic Government Services).

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