PERRY v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 12, 2025
* * * * * * * * * * * * *
JAMES E. PERRY, *
*
*
* No. 21-1530V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
John L. Shipley, John L. Shipley Attorney, Davis, CA, for petitioner.
Nina Ren, U.S. Dept. of Justice, Washington, D.C., for respondent.
ORDER CONCLUDING PROCEEDING1
On July 1, 2021, James E. Perry (“petitioner”), filed his claim in the National Vaccine
Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of
receiving the tetanus-diphtheria acellular pertussis (“Tdap”) vaccine on June 8, 2018, he
developed Guillain-Barre Syndrome (“GBS”). Id.
On November 12, 2025, petitioner filed a motion for a voluntarily dismissal pursuant to
Rule 21(a). Petitioner’s Motion (ECF No. 39).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.
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2
Under Vaccine Rule 21(a)(1)(A) provides that a petitioner may dismiss a petition at any
time prior to the filing of respondent’s Rule 4(c) report. In this case, petitioner’s motion is filed
prior to respondent serving the Rule 4(c) Report.
Under 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 the purposes of 42 U.S.C.
§ 300aa-21(a).
Therefore, petitioner’s motion is hereby GRANTED, and 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.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
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