VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00633
Package ID: USCOURTS-cofc-1_20-vv-00633
Petitioner: BRIANA JENAY GABEL
Filed: 2020-05-21
Decided: 2022-04-04
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Briana Jenay Gabel filed a petition for compensation under the National Childhood Vaccine Injury Act on May 21, 2020, alleging an injury from a vaccine. The case was initially assigned to Chief Special Master Corcoran and then reassigned to Special Master Gowen before being transferred to Special Master Horner. Petitioner filed her medical records and a statement of completion. Respondent filed a Rule 4(c) report recommending against compensation. On March 7, 2022, the parties filed a joint stipulation of dismissal without prejudice. Accordingly, 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_20-vv-00633-0
Date issued/filed: 2022-04-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/9/2022) regarding 40 Order Concluding Proceedings. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:20-vv-00633-UNJ Document 41 Filed 04/04/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-633V
Filed: March 9, 2022
UNPUBLISHED
Special Master Horner
BRIANA JENAY GABEL,
Petitioner,
Order Concluding Proceedings;
v.
Vaccine Rule 21(a)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Douglas Lee Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Andrew Henning, U.S. Department of Justice, Washington, DC, for respondent.
ORDER CONCLUDING PROCEEDINGS1
On May 21, 2020, petitioner filed a petition for compensation under the National
Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012),2 alleging that (ECF No.
1.) This case was initially assigned to Chief Special Master Corcoran for pre-
assignment review. (ECF No. 4.) After the initial pre-assignment review order,
petitioner was directed to file her necessary medical records and a statement of
completion. (ECF No. 5.) Petitioner made her required filings on July 20 and August 20
of 2020.3 (See ECF Nos. 6, 8, 10.) On November 23, 2020, this case was reassigned
to Special Master Gowen. (ECF No. 16.)
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.
2 Within this order, all citation to § 300aa will be the relevant sections of the Vaccine Act at 42 U.S.C. §
300aa-10-34.
3 These medical records were later stricken due to improper bates stamping and refiled on December 8,
2020. (See ECF Nos. 17, 22.)
1

Case 1:20-vv-00633-UNJ Document 41 Filed 04/04/22 Page 2 of 2
This case was reassigned to my docket on January 29, 2021. (ECF No. 26.)
Respondent then filed his Rule 4(c) report recommending against compensation on May
17, 2021. (ECF No. 32.) On March 7, 2022, petitioner filed a joint stipulation of
dismissal explaining that “[t]he parties hereby stipulate pursuant to Vaccine Rule 21(a)
that this action shall be dismissed without prejudice.” (ECF No. 39.)
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