# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21

- 734 V

Filed: February 24, 2022

* * * * * * * * * * * * * *

HANNAH CLARK, *

* Voluntary Dismissal; Influenza (“flu”)

Petitioner, * Vaccine; Shoulder Injury

* Related to Vaccine Administration

v. * (“SIRVA”).

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * *

Hannah Clark

, Pro se

, Botavia

, OH , for petitioner

. Alexis Babcock , Esq., U.S. Dept. of Justice, Washington, DC for respondent

.

ORDER CONCLUDING PROCEEDINGS 1

Roth, Special Master:

On January 12, 2021

, petitioner filed a p etition for Vaccine Compensation in the National

Vacci ne Injury Compensation Program (“the Program”)

. 2 Petitioner alleged t hat a n influenza

(“flu”) vaccine she received on December 15, 2020 caused her to suffer a shoulder injury related

to vaccine administration (“SIRVA”). The information in the record, however, does not show

entitlement to an award under the Program.

1 Although this Decision has been formally designated “ un published,” it will nevertheless be posted on the

Court of Federal Claims’ website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347,

116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will

be available to anyone with ac cess to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen days within which to request redaction “of any information furni shed 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

privac y.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id

.

2 The Program comprises 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 et seq. (hereinafte r “Vaccine Act” or “the

Act”). Hereafter, individual section references wil l be to 42 U.S.C. § 300aa of the Act.2

In response to an order for petitioner to obtain counsel, petitioner advised via email that

she no longer wished to pursue her claim. See Attachment 1. Petitioner was ordered to file a Motion

to Dismiss or Notice of Voluntary Dismis sal by December 2, 2021. Scheduling Order, ECF No.

14.

On November 24, 2021, p etitioner advised that she mailed a Notice of V oluntary Dismissal

via USPS mail. See Attachme nt 2. However, this mailing has not been received by the Court after

several months.

On February 23, 2022, petitioner confirmed in a PDF and email communication to

chambers, copying respondent’s counsel, that she requests that her petition be dismissed. See

Attachment 3.

Petitioner’s written communication is interpreted by the Court as a notice of voluntary

dismissal under Vaccine Rule 21(a). Therefore, this case is dismissed without prejudice.

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/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master