VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01509 Package ID: USCOURTS-cofc-1_20-vv-01509 Petitioner: C.K. Filed: 2021-07-08 Decided: 2021-08-02 Vaccine: human papillomavirus Vaccination date: 2017-11-03 Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: James and Kathy Kunysz filed a petition on behalf of their minor child, C.K., alleging injury after receiving a human papillomavirus vaccination on November 3, 2017. The petition was filed on July 8, 2021. Because a decision had not been issued within the time specified by Vaccine Rule 10(b), the petitioners were notified that they could withdraw the petition or have it remain before the special master. On July 6, 2021, the petitioners elected to withdraw their petition. The Chief Special Master granted their request to withdraw. Accordingly, the proceedings on the merits of the petition were concluded, but no judgment on the merits was entered. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01509-0 Date issued/filed: 2021-08-02 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 7/8/2021) regarding 19 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01509-UNJ Document 20 Filed 08/02/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1509V UNPUBLISHED JAMES and KATHY KUNYSZ Chief Special Master Corcoran on behalf of their minor child, C.K., Filed: July 8, 2021 Petitioner, Withdrawal of petition; Order v. concluding proceedings SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ORDER CONCLUDING PROCEEDINGS1 On November 2, 2020, James and Kathy Kunysz filed a petition for compensation on behalf of their minor child, C.K., under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 Petitioners alleged that C.K.. suffered injuries after receiving a human papillomavirus vaccination on November 3, 2017. ECF no. 1. 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 July 6, 2021, Petitioners filed a notice to withdraw their petition pursuant to 42 USC § 300aa—21(b). In light of Petitioners’ election to withdraw the petition pursuant to 42 USC § 300aa—21(b) (promulgated as Vaccine Rule 10(d)), Petitioners’ request to withdraw the petition is GRANTED. Accordingly, this Order hereby notifies the Clerk of Court that 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. 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-01509-UNJ Document 20 Filed 08/02/21 Page 2 of 2 s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2