VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00868 Package ID: USCOURTS-cofc-1_20-vv-00868 Petitioner: DARBY HENDRIX Filed: 2021-03-17 Decided: 2021-04-12 Vaccine: Human Papillomavirus (“HPV”) Vaccination date: Condition: Hormonal Disturbances; Insomnia; Anxiety; Dysautonomia; Migraines; Irritable Bowel Syndrome (“IBS”); Autonomic Dysfunction Outcome: dismissed Award amount USD: AI-assisted case summary: Darby Hendrix filed a petition on March 17, 2021, alleging injury following a Human Papillomavirus (HPV) vaccine. The alleged conditions included hormonal disturbances, insomnia, anxiety, dysautonomia, migraines, and irritable bowel syndrome. The petitioner sought to withdraw her petition on March 16, 2021, electing to pursue civil action under 42 U.S.C. §300aa-21(b) after the court failed to issue a decision within 240 days. The Special Master granted the request to withdraw, concluding the proceedings on the merits. No judgment on the merits was entered, and no compensation was awarded. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00868-0 Date issued/filed: 2021-04-12 Pages: 2 Docket text: PUBLIC ORDER (Originally filed: 3/17/2021) regarding 25 Order Concluding Proceedings. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00868-UNJ Document 26 Filed 04/12/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-868V Filed: March 17, 2021 * * * * * * * * * * * * * * * * UNPUBLISHED DARBY HENDRIX, * * Petitioner, * Order Concluding Proceedings; Human v. * Papillomavirus (“HPV”) Vaccine; * Hormonal Disturbances; Insomnia; SECRETARY OF HEALTH * Anxiety; Dysautonomia; Migraines; AND HUMAN SERVICES, * Irritable Bowel Syndrome (“IBS”); * Autonomic Dysfunction Respondent. * * * * * * * * * * * * * * * * Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Voris Johnson, Esq., US Department of Justice, Washington, DC, for respondent. ORDER CONCLUDING PROCEEDINGS1 Roth, Special Master: On March 16, 2021, petitioner filed a Notice to Withdraw under 42 U.S.C. §300aa-21(b) to pursue civil action. See ECF No. 24. Based on petitioner's Notice, it appears she is electing to exercise her right under §300aa- 21(b) to withdraw her petition following the Court's failure to issue a decision within 240 days of the filing of said petition. Therefore, petitioner's request to withdraw her petition is granted. Accordingly, pursuant to Vaccine Rule 29(c), this Order concludes proceedings. The Clerk of Court is hereby notified that the proceedings “on the merits” of this petition are now concluded, but no judgement “on the merits” should be entered by the Clerk’s Office. 1 Though this Order has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means this Order will be available to anyone with access to the internet. However, the parties may object to the Order’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Order will be available to the public. Id. Case 1:20-vv-00868-UNJ Document 26 Filed 04/12/21 Page 2 of 2 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 2