...
REISSUED FOR PUBLICATION
OR\G\NAL DEC 7 2017
OSM
U.S. COURT OF FEDERAL CLAIMS
Jfn tbe mlniteb ~tates Court of jfeberal <!Claims
OFFICE OF SPECIAL MASTERS Fl LED
No. 16-819V
Filed: November 13, 2017 NOV 13 2017
* * * * * * * * * * * * * * * Special Master Sanders U.S. COURT OF
CONNOR TOES, * FEDERAL CLAIMS
* Joint Stipulation of Dismissal;
Petitioner, * Vaccine Rule 21(a); No Judgment;
* Order Concluding Proceedings
V. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Connor Toes, Pro Se, Manhasset, NY, for Petitioner.
Christine Becer, United States Department of Justice, Washington, DC, for Respondent.
ORDER CONCLUDING PROCEEDINGS 1
On July 11, 2016, Connor Toes ("Petitioner") filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S .C. §§ 300aa-1 to -34 (2012). 2 Petitioner
alleged that the administration of Gardasil, varicella, and Menactra vaccines in July of2013 caused
him to develop hypothyroidism, autonomic neuropathy, and chronic fatigue. Petition, ECF No. 1.
On November 9, 2017, Petitioner and Respondent submitted a joint Stipulation of
Dismissal. Stip., ECF No. 44. Accordingly, pursuant to Vaccine Rule 2l(a), the above-captioned
case is hereby dismissed without prejudice. The Clerk of the Court is hereby instructed that a
judgment shall not enter in the instant case pursuant to Vaccine Rule 21(a).
1
This decision shall be posted on the United States Court of Federal Claims' website, in
accordance with the E-Government Act of2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). In accordance with Vaccine
Rule 18(b), a party has 14 days to identify and move to delete medical or other information that
satisfies the criteria in§ 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2
The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter "Vaccine Act," "the Act," or "the Program"). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.
I
IT IS SO ORDERED.
~
Herbrina D. Sanders
Special Master
(
2