Bernhardt v. Secretary, Department of Health & Human Services

REMAND ORDER

WIESE, Judge.

This action is before the court on petitioner’s motion for review of the special master’s May 10, 2005, order, holding that petitioner’s motion for voluntary dismissal of suit pursuant to Vaccine Rule 21(a) divested the special master of jurisdiction over petitioner’s claim. Specifically, the special master declined to consider petitioner’s motion to withdraw the voluntary dismissal and for judgment on the record, concluding that “the moment Petitioner perfected [the motion for voluntary dismissal], his petition ceased to exist before this Court. Nothing can be done…