# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 15, 2020

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

MALLYSSA DAY

, * No. 20

- 70V

*

Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Vaccine Rule 10(d)(3);

AND HUMAN SERVICES, * 42 U.S.C. § 300aa

- 21(b);

* Order Concluding Proceedings

Respondent. *

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Charles E. Trainor

, Desmond & Rand, Westbrook, ME, for Petitioner.

Christine M. Becer

, United States Department of Justice, Washington, DC, for Respondent.

ORDER CONCLUDING PROCEEDINGS 1

The petition in this matter was filed on January 23, 2020

. ECF No. 1. Petitioner alleged

that the i nfluenza (“ f

lu”) vaccine she received on January 23, 2017, caused her to develop bilateral

carpal tunnel syndrome. Id. at 1.

On September 17, 2020, Respo ndent submitted his Rule 4(c) report. ECF No. 15.

Respondent argued that the Court deny compensation and dismiss this case because Petitioner had

not submitted sufficient evidence to support her claim. Id. at 5.

On September 28, 2020 , I issued a formal n otice pursuant to 42 U.S.C. § 3000aa

12(d)(3)(A)(ii), advising P etitioner that the statutory 240

- day time period for the issuance of a

decision had expired and notifying P etitioner that she may withdraw the petition under § 300aa

21(b) or choose to remain in the Vaccine Program. See E CF No. 1 6

.

On October 22, 2020

, P etitioner filed a notice of intent to withdraw petition in which she

stated that, pursuant to 42 U.S.C. § 300aa

- 21(b), she was withdrawing her petition. See ECF No.

18.

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

Court of Federal Claims’s 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 Order

will be available to anyone with acce ss to the internet. However, the parties may object to the Order ’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 furnished 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

privacy.” V accine Rule 18(b). Otherwise, the whole Order will be available to the public. Id

.2

Based on Petitioner’s notice, i t appears that P etitioner is electing to exercise her right under

§ 300aa

- 21(b) to withdraw her petition fol lowing the Court’s failure to issue a decision within 240

days of the filing of said petition. Therefore, Petitioner’s request to withdraw her petition is

granted.

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/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master