VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01192
Package ID: USCOURTS-cofc-1_21-vv-01192
Petitioner: Nelson Ortiz
Filed: 2021-07-17
Decided: 2023-08-17
Vaccine: influenza
Vaccination date: 2020-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Nelson Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on or about October 24, 2020. On June 20, 2023, Mr. Ortiz filed a notice of voluntary dismissal. In accordance with Vaccine Rule 21(a)(1)(A), the case was dismissed without prejudice. The Order concluded proceedings on the merits, but no judgment was entered. The dismissal was voluntary and at the petitioner's request before respondent's report was filed.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01192-0
Date issued/filed: 2023-08-17
Pages: 1
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/17/2023) regarding 27 Order Concluding Proceedings ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-01192-UNJ Document 28 Filed 08/17/23 Page 1 of 1
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1192V
UNPUBLISHED
NELSON ORTIZ, Chief Special Master Corcoran
Petitioner, Filed: July 17, 2023
v.
Voluntary dismissal; Order
SECRETARY OF HEALTH AND concluding proceedings
HUMAN SERVICES,
Respondent.
ORDER CONCLUDING PROCEEDINGS1
On April 13, 2021, Nelson Ortiz filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleged that he suffered a shoulder injury related to vaccine
administration (SIRVA), resulting from the adverse effects of an influenza (flu)
vaccination he received on or about October 24, 2020. Petition at 1. On June 20, 2023,
Petitioner filed a notice of voluntary dismissal.
In light of Petitioner’s “notice of dismissal at any time before service of
respondent’s report” pursuant to Vaccine Rule 21(a)(1)(A), this case is dismissed
without prejudice. 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.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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 (2018) (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. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).