VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01002 Package ID: USCOURTS-cofc-1_21-vv-01002 Petitioner: Jillian Fishburn Filed: 2021-11-22 Decided: 2022-01-12 Vaccine: human papillomavirus Vaccination date: 2008-10-27 Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: Jillian Fishburn filed a petition on November 22, 2021, alleging injury from a human papillomavirus (HPV) vaccination received on October 27, 2008, January 13, 2009, and May 14, 2009. The case proceeded under the National Vaccine Injury Compensation Program. Due to a delay in issuing a decision, the petitioner was notified of her option to withdraw the petition or have it remain before the special master. On November 4, 2021, Jillian Fishburn elected to withdraw her petition. The Chief Special Master granted this request, concluding the proceedings on the merits. No judgment on the merits was entered. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01002-0 Date issued/filed: 2022-01-12 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 11/22/2021) regarding 20 Order Concluding Proceedings. Signed by Chief Special Master Brian H. Corcoran. (fs) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01002-UNJ Document 21 Filed 01/12/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1002V UNPUBLISHED JILLIAN FISHBURN, Chief Special Master Corcoran Petitioner, Filed: November 22, 2021 v. Withdrawal of petition; Order SECRETARY OF HEALTH AND concluding proceedings HUMAN SERVICES, Respondent. ORDER CONCLUDING PROCEEDINGS1 On February 26, 2021, Jillian Fishburn filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa—10 through 34.2 Petitioner alleged that she suffered injuries after receiving a human papillomavirus vaccination on October 27, 2008, January 13, 2009, and May 14, 2009. 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 November 4, 2021, Petitioner timely filed a notice to withdraw the petition pursuant to 42 U.S.C. § 300aa—21(b). In light of Petitioner’s election to withdraw the petition pursuant to 42 U.S.C. § 300aa—21(b) (promulgated as Vaccine Rule 10(d)), Petitioner’s 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. 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 1:21-vv-01002-UNJ Document 21 Filed 01/12/22 Page 2 of 2 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2