VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00758 Package ID: USCOURTS-cofc-1_24-vv-00758 Petitioner: Donnie Yinger Filed: 2024-05-15 Decided: 2025-02-21 Vaccine: tetanus Vaccination date: Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: Donnie Yinger filed a petition on May 15, 2024, alleging harm from a tetanus vaccine. The petition stated that a civil action was currently pending. The Secretary of Health and Human Services moved to dismiss the case for lack of subject matter jurisdiction, citing the Vaccine Act's prohibition against filing a petition when a civil action is already pending. Mr. Yinger consented to the dismissal, provided it was without prejudice. Special Master Christian J. Moran granted the dismissal without prejudice, noting that Mr. Yinger accepted that the court lacked jurisdiction because the petition was filed while a civil action was pending. The Special Master explained that Mr. Yinger may file another petition within one year of the dismissal of the civil action, and he may use May 15, 2024, as the effective filing date for that second petition. The case was dismissed solely on jurisdictional grounds and did not address the merits of the vaccine injury claim. Petitioner counsel was Maximillian J. Muller. Respondent counsel was Rachelle P. Bishop. Theory of causation field: Petitioner Donnie Yinger filed a petition on May 15, 2024, alleging harm from a tetanus vaccine. A civil action concerning the same alleged negligence was pending in a New York court. The Secretary moved to dismiss for lack of subject matter jurisdiction, as the Vaccine Act prohibits filing a petition when a civil action is pending. Petitioner consented to dismissal without prejudice. Special Master Christian J. Moran dismissed the case without prejudice, preserving the May 15, 2024 filing date for a potential future petition filed within one year. The public decision does not describe the specific condition, onset, symptoms, medical tests, treatments, or expert testimony. The dismissal was based solely on the jurisdictional bar of a pending civil action, not on the merits of the vaccine injury claim. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_24-vv-00758-0 Date issued/filed: 2025-02-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/30/2025 ) regarding 22 DECISION of Special Master Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:24-vv-00758-UNJ Document 25 Filed 02/21/25 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * DONNIE YINGER, * No. 24-758V * * Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 30, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, Dresher, PA, for petitioner; Rachelle P. Bishop, United States Dep’t of Justice, Washington, DC, for respondent. DECISION DISMISSING CASE1 In a New York court, Mr. Yinger alleged that a physician’s assistant and her employer negligently administered a tetanus vaccine to him, harming him. Yinger v. Lang, No. EF2022- 440 (N.Y. Sup. Ct. Mar. 8, 2022), filed as exhibit 16. This action remained pending for all relevant times. Mr. Yinger commenced the present action by filing a petition on May 15, 2024. He stated: “Petitioner currently has a civil action pending.” Pet. at 4. Eventually, the Secretary sought dismissal of the case due to lack of subject matter jurisdiction. Resp’t’s Mot., filed Jan. 6, 2025. Mr. Yinger consented to the dismissal provided that the dismissal was without prejudice. Pet’r’s Resp., filed Jan. 22, 2025. Through informal communication, the Secretary has advised that he does not intend to file a reply. * * * 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted 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 Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:24-vv-00758-UNJ Document 25 Filed 02/21/25 Page 2 of 2 Special masters may, in appropriate circumstances, grant a motion to dismiss a case. Felix v. Sec’y of Health & Hum. Servs., 172 Fed. Cl. 626 (2024). The circumstances for dismissal are appropriate here. The Vaccine Act prohibits the filing of a petition in the Vaccine Program when a civil action is pending. 42 U.S.C. § 300aa–11(a)(5)(B). The Federal Circuit has affirmed dismissals for this reason. E.g. Aull v. Sec’y of Health & Hum. Servs., 462 F.3d 1338, 1344 (Fed. Cir. 2006). As noted, Mr. Yinger does not argue that this case can continue. See Pet’r’s Resp. at 3 (“Petitioner ACCEPTS that the Court lacked jurisdiction to hear the instant petition, because it was filed when a civil action was pending”). The potentially unresolved issue is whether this dismissal prevents Mr. Yinger from filing another petition. Mr. Yinger may file another petition. If he files another petition within one year of the dismissal of the civil action, Mr. Yinger may use May 15, 2024 as the effective filing date for the second petition. 42 U.S.C. § 300aa–11(a)(2)(B); see also Resp’t’s Mot. at 5. Accordingly, the Clerk’s Office is directed to dismiss the present case without prejudice to Mr. Yinger filing a second petition. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2