Mary Capri v. Secretary of Health and Human Services

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARY CAPRI,
Petitioner-Appellant
v.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent-Appellee
______________________
2024-1513
______________________
Appeal from the United States Court of Federal Claims
in No. 1:22-vv-01698-MBH, Senior Judge Marian Blank
Horn.
______________________
Before STOLL, CUNNINGHAM, and STARK , Circuit Judges.
PER C URIAM.
O R D E R
Responding to this court’s April 12, 2024 order to show
cause, the Secretary of Health and Human Services urges
dismissal of this appeal as premature. Mary Capri also re-
sponds, submitting a “Motion of Appeal,” ECF No. 22-1 at
1, and a “Notice of Final Order,” ECF No. 26-1 at 1.
Ms. Capri filed a petition for compensation under the
National Vaccine Injury Compensation Program.
Case: 24-1513 Document: 28 Page: 1 Filed: 07/05/2024

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CAPRI v. HHS 2
42 U.S.C. §§ 300aa-1 to 34. On February 9, 2024, the spe-
cial master dismissed Ms. Capri’s petition. A week later,
Ms. Capri filed a “Notice of Appeal” seeking this court’s re-
view of the special master’s decision with a “Motion of Ap-
peal” that the special master collectively construed as a
motion for the United States Court of Federal Claims’s re-
view of that same decision. Dkt. Nos. 46–47; ECF No. 25
at 2. That motion remains pending. It appears that the
Court of Federal Claims forwarded the same documents to
this court, which docketed this appeal.
The statutory scheme governing Vaccine Act cases gen-
erally provides that a “petitioner aggrieved by the findings
or conclusions of law of the [Court of Federal Claims] may
obtain review of th[at court’s] judgment” in this court with
a timely appeal. 42 U.S.C. § 300aa-12(f). Here, the Court
of Federal Claims has not entered judgment, so any appeal
to this court is premature. Once the Court of Federal
Claims enters judgment, Ms. Capri may, if necessary, seek
our review by filing a timely notice of appeal.
Accordingly,
IT IS O RDERED THAT:
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
(3) Any pending motions are denied.
July 5, 2024
Date
FOR THE C OURT
Case: 24-1513 Document: 28 Page: 2 Filed: 07/05/2024

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