VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01010
Package ID: USCOURTS-cofc-1_21-vv-01010
Petitioner: Camille Nyboer
Filed: 2021-12-02
Decided: 2022-01-04
Vaccine: HPV
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Camille Nyboer filed a petition on December 2, 2021, alleging an adverse reaction after receiving the human papillomavirus (HPV) vaccine on three occasions in 2018. The case progressed for some time, but no decision on the merits had been issued. As per Vaccine Rule 10(b), the petitioner was notified that she could withdraw the petition or have it remain before the special master. On December 1, 2021, Camille Nyboer filed a notice to withdraw the petition. The Special Master granted this request, concluding the proceedings. No judgment on the merits was entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01010-0
Date issued/filed: 2022-01-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/02/2021) regarding 16 Order Concluding Proceedings. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:21-vv-01010-UNJ Document 22 Filed 01/04/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 2, 2021
* * * * * * * * * * * * *
CAMILLE NYBOER, * Unpublished
*
Petitioner, * No. 21-1010V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Order Concluding Proceedings;
AND HUMAN SERVICES, * Withdrawal of Petition.
*
Respondent. *
* * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Voris E. Johnson, U.S. Department of Justice, Washington, D.C., for respondent.
ORDER CONCLUDING PROCEEDINGS1
On March 1, 2021, Camille Nyboer (“petitioner”), filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleges that she suffered an adverse reaction after
receiving the human papillomavirus vaccine (“HPV” or “Gardasil”) on March 2, 2018, May 9,
2018, and October 9, 2018. Id.
Because a decision has not bee issued within the time specified in Vaccine Rule 10(b), a
notice issued advising 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 December 1, 2021,
petitioner timely filed a notice to withdraw the petition pursuant to 42 U.S.C. §300aa-21(b).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website,
each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id.
If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website
without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter
“Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.
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Case 1:21-vv-01010-UNJ Document 22 Filed 01/04/22 Page 2 of 2
In light of petitioner’s election to withdraw the petitioner 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 the 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.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
2