VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01127 Package ID: USCOURTS-cofc-1_20-vv-01127 Petitioner: Justice Divine Filed: 2020-09-02 Decided: 2021-06-28 Vaccine: human papillomavirus Vaccination date: 2017-07-19 Condition: autonomic dysfunction Outcome: dismissed Award amount USD: AI-assisted case summary: Justice Divine, a minor child, was vaccinated with the first dose of the human papillomavirus (HPV) vaccine on July 19, 2017. His father, Craig Divine, filed a petition alleging that Justice suffered autonomic dysfunction after this vaccination and that a second HPV vaccination on September 26, 2017, significantly worsened his condition. When Justice reached the age of majority, he was substituted as the proper petitioner. As no decision had been issued within the time specified by Vaccine Rule 10(b), the petitioner was notified that he could withdraw the petition or have it remain before the special master. On May 28, 2021, the petitioner elected to withdraw his petition. The court granted this request, and the proceedings on the merits were concluded, with no judgment to be entered by the Clerk's Office. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01127-0 Date issued/filed: 2021-06-28 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 6/2/2021) regarding 22 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01127-UNJ Document 23 Filed 06/28/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1127V UNPUBLISHED JUSTICE DIVINE, Chief Special Master Corcoran Petitioner, Filed: June 2, 2021 v. Withdrawal of petition; Order SECRETARY OF HEALTH AND concluding proceedings HUMAN SERVICES, Respondent. ORDER CONCLUDING PROCEEDINGS1 On September 2, 2020, Craig Divine filed a petition for compensation on behalf of his child, Justice Divine, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 Craig Divine alleged that Justice suffered autonomic dysfunction, among other injuries, after receiving his first human papillomavirus vaccination on July 19, 2017, and that Justice’s injuries were significantly worsened by the second human papillomavirus vaccination on September 26, 2017. ECF no. 1. When Justice reached the age of majority, he was substituted as the proper petitioner. ECF no. 13. Because a decision had not been issued within the time specified in Vaccine Rule 10(b), a notice issued advising that “that the petitioner may withdraw the petition under section 300aa-21(b) of this title or the petitioner may choose under section 300aa-21(b) of this title to have the petition remain before the special master.” 42 U.S.C. § 300aa-12(g). On May 28, 2021, Petitioner filed a notice to withdraw his petition pursuant to 42 USC § 300aa-21(b). In light of Petitioner’s election to withdraw the petition pursuant to 42 USC § 300aa-21(b) (promulgated as Vaccine Rule 10(d)), Petitioner’s request to withdraw his petition is GRANTED. Accordingly, this Order hereby notifies the Clerk of Court that 1 Although I have not formally designated this Order for publication, I am required to post it on the United States Court of Federal Claims' website because it contains a reasoned explanation for the action in this case, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Order 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, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Case 1:20-vv-01127-UNJ Document 23 Filed 06/28/21 Page 2 of 2 proceedings “on the merits” of this petition are now concluded, but no judgment “on the merits” should be entered by the Clerk’s Office. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2