In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 24, 2021
*************************
RYAN HODGES, as Mother and * No. 18-1234V
Natural Guardian of S.H., a minor, *
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Vaccine Rule 21(a);
AND HUMAN SERVICES, * Order Concluding Proceedings
*
Respondent. *
*************************
Braden A. Blumenstiel, The Law Office of DuPont & Blumenstiel, Dublin, OH, for Petitioner.
Jeremy C. Fugate, United States Department of Justice, Washington, DC, for Respondent.
ORDER CONCLUDING PROCEEDINGS1
On August 17, 2018, Ryan Hodges (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program2 (“Vaccine Program” or “Program”). 42
U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that her minor child, S.H., suffered from various
symptoms and ailments resulting from a human papillomavirus (“HPV”) vaccine administered on
August 17, 2015 and December 31, 2015. Pet. at 1–6, ECF No. 1. On April 19, 2021, Petitioner
filed a joint stipulation of dismissal on behalf of the parties pursuant to Vaccine Rule 21(a)(1)(B).
ECF No. 33.
Accordingly, pursuant to Vaccine Rule 21(a), this case is hereby dismissed without
prejudice. The Clerk of Court is hereby instructed that a judgement shall not enter in the instant
case pursuant to Vaccine Rule 21(a).
IT IS SO ORDERED.
1
Although this Order has been formally designated “unpublished,” it will nevertheless be posted on the Court of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 Order will be available to anyone
with access 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.” Vaccine Rule 18(b). Otherwise, the whole Order will be available to the
public. Id.
2
National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755 (“the Vaccine Act” or “Act”).
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42
U.S.C. § 300aa (2012).
s/ Herbrina D. Sanders
Herbrina D. Sanders
Special Master
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*****************************
RYAN HODGES, as Mother *
And Natural Guardian of S.H., *
A minor *
* Case No. 18-1234
Petitioner, *
* Special Herbrina Sanders
v. *
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*****************************
JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE
It is hereby stipulated by and between the parties, the following matters:
1. On 8/17/2018, Ryan Hodges (as mother and natural guardian of S.H., a minor)
filed a Petition for Vaccine Compensation.
2. Petitioner sought supporting expert medical opinions from her treating physicians
and retained experts but, for various reasons, was unable to obtain a supporting
expert report.
3. Petitioner and respondent hereby stipulate pursuant to Vaccine Rule 21(a) that
this action shall be dismissed.
4. The parties respectfully request this dismissal be without prejudice, as petitioner
wants to preserve all legal rights potentially available to her.
5. Petitioner understands that a decision by the Special Master dismissing her
petition will result in no compensation being paid to petitioner. Petitioner has
been advised that such a judgment will end petitioner’s rights in the Vaccine
Program.
6. Petitioner understands that counsel for petitioner may apply for attorney’s fees
and expenses once this case is dismissed and judgment is entered against
petitioner’s claim.
7. Petitioner’s counsel has contacted respondent’s counsel regarding this Joint
Stipulation of Dismissal. Respondent approves of and joins this Joint Stipulation
of Dismissal.
/s/ Braden Blumenstiel
Braden A. Blumenstiel (0078254)
Attorney for Petitioner
DuPont & Blumenstiel
655 Metro Place South, Ste 440
Dublin, Ohio 43017
P: 614/ 408-0529
F: 866/465-1924
braden@dandblaw.com
/s/ Jeremy Fugate
Jeremy Fugate
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146