VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00542
Package ID: USCOURTS-cofc-1_19-vv-00542
Petitioner: MIRA EPSHTEYN
Filed: 2019-04-12
Decided: 2021-06-29
Vaccine: MMR
Vaccination date: 2016-04-18
Condition: joint pain, stomach problems, dermatitis, and rashes
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Mira Epshteyn filed a petition on April 12, 2019, alleging that she suffered adverse reactions including joint pain, stomach problems, dermatitis, and rashes resulting from her April 18, 2016 Measles, Mumps, and Rubella (MMR) vaccination. The respondent filed a Rule 4(c) report recommending against compensation and a motion to dismiss the claim. The Special Master deferred a ruling pending further filings from the petitioner. However, on June 2, 2021, the petitioner filed a stipulation of dismissal. Pursuant to Vaccine Rule 21(a), the case was dismissed without prejudice, and judgment was not to be entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00542-0
Date issued/filed: 2021-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 6/2/2021) regarding 38 Order Concluding Proceedings. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:19-vv-00542-UNJ Document 39 Filed 06/29/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-542V
Filed: June 2, 2021
UNPUBLISHED
Special Master Horner
MIRA EPSHTEYN,
Petitioner,
Order Concluding Proceedings;
v.
Vaccine Rule 21(a)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Martin Jeffrey Rubenstein, Law Offices of Martin Rubenstein, Staten Island, NY, for
petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent.
ORDER CONCLUDING PROCEEDINGS1
On April 12, 2019, petitioner filed a petition alleging that she suffered adverse
reactions including joint pain, stomach problems, dermatitis, and rashes resulting from
her April 18, 2016 Measles, Mumps, and Rubella (“MMR”) vaccination. (ECF No. 1.)
On January 29, 2021, respondent filed a Rule 4(c) report recommending against
compensation and a motion to dismiss petitioner’s claim. (ECF Nos. 31, 32.)
On March 29, 2021, I issued an order deferring a ruling on respondent’s motion
pending an opportunity for petitioner to complete additional filings including an affidavit,
additional medical records, and an expert report. (ECF No. 36.) However, on June 2,
2021, petitioner filed a stipulation of dismissal pursuant to Vaccine Rule 21(a). (ECF
No. 37.)
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision 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 information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
1

Case 1:19-vv-00542-UNJ Document 39 Filed 06/29/21 Page 2 of 2
Accordingly, pursuant to Vaccine Rule 21(a), this 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/Daniel T. Horner
Daniel T. Horner
Special Master
2