VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01976 Package ID: USCOURTS-cofc-1_20-vv-01976 Petitioner: Scott Southerland Filed: 2021-01-07 Decided: 2021-02-02 Vaccine: influenza Vaccination date: 2018-11-17 Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: Scott Southerland filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging an adverse reaction to an influenza vaccination he received on November 17, 2018. He stated that he had inadvertently filed this petition as a duplicate of an earlier petition he had filed for the same vaccination (case no. 20-1972V). The Vaccine Act permits only one petition per vaccine administration. In light of the petitioner's notice of voluntary dismissal, this case was dismissed without prejudice. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01976-0 Date issued/filed: 2021-02-02 Pages: 2 Docket text: PUBLIC ORDER (Originally filed: 1/7/2021) regarding 7 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01976-UNJ Document 8 Filed 02/02/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1976V UNPUBLISHED SCOTT SOUTHERLAND, Chief Special Master Corcoran Petitioner, Filed: January 7, 2021 v. Voluntary dismissal; Order SECRETARY OF HEALTH AND concluding proceedings; Duplicate HUMAN SERVICES, petition Respondent. ORDER CONCLUDING PROCEEDINGS1 On December 28, 2020, Scott Southerland filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.,2 (the “Vaccine Act”). Petitioner alleged that he suffered an adverse reaction to an influenza vaccination he received on November 17, 2018. Petition at 2. Prior to filing this petition, Petitioner had filed an earlier petition (case no. 20-1972V) alleging an adverse reaction to the same vaccination. On December 30, 2020, Petitioner filed a notice of voluntary dismissal noting that this case was inadvertently filed and was in fact a duplicate of his earlier case, 20- 1972V. The Vaccine Act permits “[o]nly one petition may be filed with respect to each administration of a vaccine.” 42 U.S.C. § 300aa—11(b)(2); Vaccine Rule 2(a) (implementing the statute). In light of Petitioner’s “notice of dismissal at any time before service of respondent’s report” pursuant to Vaccine Rule 21(a), this case is dismissed without prejudice. 1 Although I have not formally designated this Decision 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 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, 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. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01976-UNJ Document 8 Filed 02/02/21 Page 2 of 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2