VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00862
Package ID: USCOURTS-cofc-1_22-vv-00862
Petitioner: Q.W.
Filed: 2022-08-05
Decided: 2025-01-10
Vaccine: hepatitis B
Vaccination date: 2019-08-07
Condition: chronic urticaria
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Gwen Twiehaus, on behalf of Q.W., filed a petition for compensation on August 5, 2022, alleging that Q.W. suffered chronic urticaria as a result of hepatitis B, Hib, pneumococcal conjugate, polio, rotavirus, and DTaP vaccines received on August 7, 2019. Respondent filed a report arguing against compensation, and the parties exchanged expert reports. After a status conference and review of the reports, the Special Master was unable to deliver preliminary thoughts. Petitioner subsequently indicated that continued pursuit of compensation was not warranted and intended to submit a voluntary dismissal. The parties then filed a joint stipulation of dismissal. In accordance with Vaccine Rule 21(a), the case was dismissed without prejudice.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00862-0
Date issued/filed: 2025-02-04
Pages: 2
Docket text: PUBLIC ORDER (Originally filed: 1/10/2025) regarding 71 Order Concluding Proceedings. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:22-vv-00862-UNJ Document 72 Filed 02/04/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 10, 2025
* * * * * * * * * * * * * * *
GWEN TWIEHAUS, on behalf of Q.W., *
*
Petitioner, * No. 22-862V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
ORDER CONCLUDING PROCEEDINGS1
On August 5, 2022, Gwen Twiehaus (“Petitioner”), on behalf of Q.W., filed a petition for
compensation under the National Vaccine Injury Compensation Program (“Vaccine Act” or “the
Program”), 42 U.S.C. § 300aa-10 et seq. (2018).2 Petitioner alleged that Q.W. suffered chronic
urticaria as a result of hepatitis B, Haemophilus influenzae type b (“Hib”), pneumococcal
conjugate, polio, rotavirus, and diphtheria-tetanus-acellular pertussis (“DTaP”) vaccines Q.W.
received on August 7, 2019. Amended Petition at Preamble (ECF No. 51).
On June 30, 2023, Respondent filed his Rule 4(c) report arguing against compensation.
Respondent’s Report (“Resp. Rept.”) at 2 (ECF No. 28). From October 2023 to March 2024, the
parties filed expert reports. Petitioner’s Exhibits (“Pet. Exs.”) 18, 30; Resp. Exs. A-D.
1 Because this Order contains a reasoned explanation for the action in this case, the undersigned
is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
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 (2018). All citations in this Order to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.
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Case 1:22-vv-00862-UNJ Document 72 Filed 02/04/25 Page 2 of 2
The undersigned held a Rule 5 status conference on August 6, 2024. Rule 5 Order dated
Aug. 6, 2024 (ECF No. 58). After a review of the expert reports and medical records, the
undersigned was unable to deliver her preliminary thoughts and opinions. Id. at 2. Petitioner
was directed to indicate how she would like to proceed. Id. at 3.
On December 11, 2024, Petitioner filed a status report. Pet. Status Rept., filed Dec. 11,
2024 (ECF No. 66). Petitioner reported that after a discussion with her expert, Petitioner’s
continued pursuit of compensation under the National Vaccine Injury Compensation Program is
not warranted, and as such, Petitioner intends to submit a notice of voluntary dismissal without
prejudice with the Court. Id.
On January 8, 2025, Petitioner filed a joint stipulation of dismissal, indicating “[t]he
parties hereby stipulate pursuant to Vaccine Rule 21(a) that this action shall be dismissed.” Joint
Stipulation of Dismissal, filed Jan. 8, 2025 (ECF No. 70).
Under Vaccine Rule 21(a), which governs dismissal of a petition, “Petitioner may dismiss
the petition without order of the special master or the court by filing: . . . (B) a stipulation of
dismissal signed by all parties who have appeared in the action.” Vaccine Rule 21(a)(1)(B).
Unless stated otherwise, the dismissal is without prejudice. Vaccine Rule 21(a)(2). “A petition
dismissed under this subdivision (a) will not result in a judgment pursuant to Vaccine Rule 11 for
purposes of 42 U.S.C. § 300aa-21(a).” Vaccine Rule 21(a)(3).
In accordance with Vaccine Rule 21(a), this case is hereby dismissed without prejudice.
The Clerk of Court is instructed that judgment shall not enter in the instant case pursuant to
Vaccine Rule 21(a)(3).
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
2