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SECTION IX. EXITING THE VACCINE PROGRAM AND FILING A SUBSEQUENT 

CIVIL ACTION 

 Subsequent to filing a claim in the Vaccine Program, a petitioner may decide 

against proceeding further on the merits, or may decide to pursue other civil remedies. 

There are multiple ways a petitioner may exit the Vaccine Program and conclude the 

claim. 

Chapter 1. Motion for a Dismissal Decision. 

 If a petitioner does not believe the available evidence can prove entitlement to 

compensation and wishes to conclude the case, petitioner may file a motion for a 

dismissal decision. After petitioner files a motion for a dismissal decision, the special 

master will file a short decision dismissing the case without discussing the evidence 

submitted, such as medical records or reports. A template for a motion for a dismissal 

decision is available at http://www.uscfc.uscourts.gov/vaccine-sample-filings. 

Chapter 2. Motion for a Ruling on the Record. 

 If a petitioner does not wish to submit any additional evidence or to request an 

evidentiary hearing, a petitioner may file a motion for a ruling on the record. The special 

master will rule on the petitioner’s claim based on all the records filed. 

 In the motion, petitioner should specifically identify the evidence in the record on 

which petitioner relies with reference to the exhibit numbers and specific page numbers, 

as well as specific statements, diagnoses, and conclusions made by medical 

professionals that support petitioner’s claim. Simply referring to exhibits generally is 

insufficient. Petitioner should also explain how this information supports petitioner’s 

theory of causation in the absence of an expert medical opinion. A template for a 

motion for a ruling on the record is available at http://www.uscfc.uscourts.gov/vaccinesample-filings. 

Chapter 3. Election to File a Civil Action. 

 Within 90 days subsequent to the entry of judgment on the special master’s 

decision on entitlement, petitioner may file either an election to file a civil action or an 

election to accept judgment. § 21(a). An election to file a civil action rejects the 

Program judgment and must be filed to preserve whatever right petitioner may have to 

file a civil action in another court. Templates for an election to file a civil action and an 

election to accept judgment are available at http://www.uscfc.uscourts.gov/vaccinesample-filings. 

 
 

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Chapter 4. Voluntary Dismissals. 

A. Voluntary Dismissal before Respondent’s Rule 4 Report. 

 If a petitioner wishes to dismiss his or her claim voluntarily and withdraw from the 

Vaccine Program and the respondent’s report has not yet been filed, petitioner may file 

a notice of voluntary dismissal. See Vaccine Rule 21(a)(1)(A). A template for a notice 

of voluntary dismissal is available at 

http://www.uscfc.uscourts.gov/vaccine-sample-filings. 

B. Stipulation of Dismissal. 

 Alternatively, with respondent’s consent, petitioner may file a stipulation of 

dismissal when petitioner wishes to withdraw from the Vaccine Program. The 

stipulation of dismissal must be signed by petitioner and then sent to respondent’s 

counsel at the Department of Justice for review and signature. See Vaccine Rule 

21(a)(1)(B). Typically, respondent’s counsel will then file the stipulation with the court. 

A template stipulation of dismissal is available at http://www.uscfc.uscourts.gov/vaccinesample-filings. 

C. Effect of Voluntary Dismissal. 

 A dismissal pursuant to a notice of dismissal or a stipulation of dismissal is 

typically without prejudice. However, the special master may in his or her discretion 

deem the notice or stipulation to operate as a final adjudication on the merits if petitioner 

has previously dismissed the same claim. See Vaccine Rule 21(a)(2). Subsequent to 

the filing of the notice or stipulation of dismissal, the special master will file an order 

concluding proceedings to close petitioner’s case, but no decision or judgment will be 

entered. See Vaccine Rule 21(a)(3). Thus, counsel should be aware that a notice of 

voluntary withdrawal or a stipulation of dismissal may not suffice to permit a petitioner to 

pursue a traditional tort remedy in another court. 

Chapter 5. Withdrawal in the Absence of a Timely Decision. 

 When the statutory time period for the special master’s submission of a decision 

expires without the filing of a decision by the special master, a petitioner may elect to 

withdraw from Program proceedings and pursue a traditional tort remedy. See § 

21(b)(1). The statute provides the special master with 240 days in which to file the 

decision, which may be extended by requests for suspension, up to 420 days from the 

date of filing the petition. See § 12(g); § 12(d)(3)(C); Vaccine Rule 10(b). 

 If the special master fails to issue a decision within the statutory time period, the 

special master will ordinarily issue a formal notice informing petitioner of this fact. See § 

12(g); Vaccine Rule 10(d)(1). The petitioner should, within 30 days, file a notice 

indicating an intent either to continue in the Program or to withdraw. See § 21(b); 

Vaccine Rule 10(d)(2). If a petitioner elects to withdraw from the Vaccine Program, the 
 

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special master will issue an order concluding proceedings. Vaccine Rule 10(d)(3). 

Templates for these notices may be found at http://www.uscfc.uscourts.gov/vaccinesample-filings. If within 30 days of the formal notice, the petitioner fails to file a notice of 

intent to withdraw, an intent to remain in the Program is presumed. A notice of intent to 

withdraw filed more than 30 days after the formal notice is filed may not be effective in 

preserving whatever rights petitioner may have to file a subsequent civil action. 

 Counsel should note that if the option to withdraw is selected, a petitioner may be 

precluded from reentering the Program to seek compensation for damages resulting 

from the vaccination specified in the petition. 

 If the special master’s decision is timely, but after a motion for review of that 

decision is filed, the Court of Federal Claims fails to enter judgment on the claim within 

the statutory time period (see § 21(b)(2) for computation of this period), a petitioner has 

an identical option to withdraw or continue in the Program. See § 21(b)(2); § 12(g)(2); 

Vaccine Rule 29.