VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01341 Package ID: USCOURTS-cofc-1_19-vv-01341 Petitioner: PHILLIP SHAAK Filed: 2020-08-17 Decided: 2020-09-11 Vaccine: influenza Vaccination date: 2016-10-14 Condition: severe pain, weakness, and numbness in his upper left arm and fingers Outcome: dismissed Award amount USD: AI-assisted case summary: Phillip Shaak filed a petition alleging that he suffered severe pain, weakness, and numbness in his upper left arm and fingers as a result of receiving an influenza vaccination on October 14, 2016. The case was initially assigned to a special processing unit and later reassigned to Special Master Horner's docket. Following a status conference and an order for petitioner to file additional records, Mr. Shaak filed a Notice of Voluntary Dismissal on August 17, 2020. Pursuant to Vaccine Rule 21(a), Special Master Horner dismissed the case without prejudice, and judgment was not to be entered. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01341-0 Date issued/filed: 2020-09-11 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 8/17/2020) regarding 39 Order Concluding Proceedings, Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01341-UNJ Document 40 Filed 09/11/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1341V Filed: August 17, 2020 UNPUBLISHED Special Master Horner PHILLIP SHAAK, Petitioner, Order Concluding Proceedings; v. Vaccine Rule 21(a) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jordan P. Wartman, Handler, Henning & Rosenberg, LLC, Harrisburg, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. ORDER CONCLUDING PROCEEDINGS1 On September 3, 2019, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that petitioner suffered severe pain, weakness, and numbness in his upper left arm and fingers as a result from his receipt of the influenza (“flu”) vaccination on October 14, 2016. (ECF No. 1.) This case was originally assigned to the Special Processing Unit (“SPU”). (ECF No. 21.) However, this case was reassigned to my docket on March 2, 2020. (ECF No. 24.) On June 16, 2020, a status conference was held, where I discussed the case with the parties and ordered petitioner to file additional records and materials. (ECF No. 37.) On August 17, 2020, petitioner filed a Notice of Voluntary Dismissal. (ECF No. 38.) 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. Case 1:19-vv-01341-UNJ Document 40 Filed 09/11/20 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