# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-443V

Filed: October 25, 2016

Not to be Published

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CHRISTIAN GEIDEMANN * and ERINN GEIDEMANN, * on behalf of their minor daughter, H.G.G., *

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Petitioner s, * Motion for voluntary dismissal; * Order concluding proceedings v. * under Vaccine Rule 21(a) (1)(A) ; * DTaP vaccine ; PANS

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

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Michael A. Firestone , San Mateo, CA, for petitioner s. Ann D. Martin , Washington, DC, for respondent.

MILLMAN, Special Master

ORDER CONCLUDING PROCEEDINGS 1

On April 7 , 2016, petitioner s filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10- 34 (20 12 ), alleging that diphtheria-tetanus toxoid- acellular pertussis (“ DTaP ”) vaccine and/or measles -mumps- rubella (“MMR”) vaccine administered on April 3, 2013 caused their daughter pediatric acute neuropsychiatric syndrome (“PANS”). See

Pet. Preamble and ¶ ¶ 2, 8.

1 Because this Order Concluding Proceedings contains a reasoned explanation for the special master’s action in this case, the special master intends to post this Order Concluding Proceedings on the United States Court of Federal Claims’ website, in accordance with the E -Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services) . Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they

contain trade secrets or commercial or fina ncial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to redact su ch information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the categories listed above, the special master shall redact such material from public access.2 On July 21, 2016, petitioners filed an amended petition, omitting MMR as a causal vaccine, and alleging that DTaP caused their daughter not only PANS, but also autoimmune encephalitis and/or inflammatory autoimmune disorder. See Am. Pet. ¶ 48. In the alternative, they allege that DTaP caused severe encephalopathy significantly aggravating their daughter’s preexisting PANS and/or mental illness. Id. at ¶¶ 49, 50.

On October 24, 2016, petitioner s filed a Motion for Voluntary Dismissal under Vaccin e Rule 21(a).

DISCUSSION

Under Vaccine Rule 21(a)(1) (A), petitioner s may engage in a voluntary dismissal by filing a notice of dismissal at any time before service of respondent’s Rule 4(c) Report, which petitioner s have done in the instant action

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Und er Vaccine Rule 21(a)(3), the result of this voluntary dismissal is an Order Concluding Proceedings. No judgment will enter pursuant to Vaccine Rule 11 for purposes of 42 U.S.C. § 300aa- 21(a).

CONCLUSION

ORDERED. Th is petition is DISMISSED. Th e clerk of the court is directed to remove this case from the docket of the undersigned.

IT IS SO ORDERED.

Dated: October 25, 2016 s/ Laura D. Millman

Laura D. Millman

Special Master