VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01181 Package ID: USCOURTS-cofc-1_15-vv-01181 Petitioner: DIANE ODEAN PATRICK Filed: 2015-10-13 Decided: 2016-06-21 Vaccine: influenza Vaccination date: 2013-10-11 Condition: axonal Guillain-Barré syndrome (“GBS”) leading to chronic inflammatory demyelinating polyneuropathy (“CIDP”) Outcome: dismissed Award amount USD: AI-assisted case summary: Diane Odean Patrick filed a petition on October 13, 2015, alleging that an influenza vaccine administered on October 11, 2013, caused her to develop axonal Guillain-Barré syndrome (GBS) leading to chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent is the Secretary of Health and Human Services. On June 21, 2016, petitioner filed a Motion for Voluntary Dismissal under Vaccine Rule 21(a), as she had not yet filed respondent's Rule 4(c) Report. The Special Master issued an Order Concluding Proceedings, dismissing the petition without prejudice. No judgment was entered for purposes of 42 U.S.C. § 300aa-21(a). The clerk was directed to remove the case from the docket. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01181-0 Date issued/filed: 2016-07-13 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2016) regarding 15 Order Concluding Proceedings Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01181-UNJ Document 17 Filed 07/13/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1181V Filed: June 21, 2016 Not to be Published ************************************* DIANE ODEAN PATRICK, * * Petitioner, * Motion for voluntary dismissal; * Order concluding proceedings v. * under Vaccine Rule 21(a); * influenza vaccine; two and one- SECRETARY OF HEALTH * half months later, GBS AND HUMAN SERVICES, * * Respondent. * * ************************************* Brian K. Pack, Glasgow, KY, for petitioner. Ryan D. Pyles, Washington, DC, for respondent. MILLMAN, Special Master ORDER CONCLUDING PROCEEDINGS1 On October 13, 2015, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza (“flu”) vaccine administered on October 11, 2013 caused her to develop axonal Guillain-Barré syndrome (“GBS”) leading to chronic inflammatory demyelinating polyneuropathy (“CIDP”). See Pet. at ¶ ¶ 2, 11, 16. On June 21, 2016, petitioner filed a Motion for Voluntary Dismissal under Vaccine Rule 21(a). 1 Because this Order Concluding Proceedings contains a reasoned explanation for the special master’s action in this case, the special master intends to post this Order Concluding Proceedings on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the categories listed above, the special master shall redact such material from public access. Case 1:15-vv-01181-UNJ Document 17 Filed 07/13/16 Page 2 of 2 DISCUSSION Under Vaccine Rule 21(a)(1)(A), petitioner may engage in a voluntary dismissal by filing a notice of dismissal at any time before service of respondent’s Rule 4(c) Report, which petitioner has done. Under Vaccine Rule 21(a)(3), the result of this voluntary dismissal is an Order Concluding Proceedings. No judgment will enter pursuant to Vaccine Rule 11 for purposes of 42 U.S.C. § 300aa-21(a). CONCLUSION ORDERED. The petition is DISMISSED. The clerk of the court is directed to remove this case from the docket of the undersigned. IT IS SO ORDERED. Dated: June 21, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2