Filed: Oct. 25, 2016
Latest Update: Oct. 25, 2016
Summary: Not to be Published ORDER CONCLUDING PROCEEDINGS 1 LAURA D. MILLMAN , Special Master . On April 7, 2016, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), 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. On July 21, 2016
Summary: Not to be Published ORDER CONCLUDING PROCEEDINGS 1 LAURA D. MILLMAN , Special Master . On April 7, 2016, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2012), 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. On July 21, 2016,..
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Not to be Published
ORDER CONCLUDING PROCEEDINGS1
LAURA D. MILLMAN, Special Master.
On April 7, 2016, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), 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.
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, petitioners filed a Motion for Voluntary Dismissal under Vaccine Rule 21(a).
DISCUSSION
Under Vaccine Rule 21(a)(1)(A), petitioners 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 petitioners have done in the instant action.
Under 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. This petition is DISMISSED. The clerk of the court is directed to remove this case from the docket of the undersigned.
IT IS SO ORDERED.
