Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On August 18, 2016, Crystal Butler filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program") 2 on behalf of her then-minor child, S.B. Skylee Butler ("Ms. Butler" or "petitioner") was substituted as petitioner on October 9, 2018. ECF No. 44. Petitioner alleges that she has suffered injuries which were caused-in-fact by a human papillomavirus ("HPV") vaccination she received
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On August 18, 2016, Crystal Butler filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program") 2 on behalf of her then-minor child, S.B. Skylee Butler ("Ms. Butler" or "petitioner") was substituted as petitioner on October 9, 2018. ECF No. 44. Petitioner alleges that she has suffered injuries which were caused-in-fact by a human papillomavirus ("HPV") vaccination she received o..
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UNPUBLISHED
DECISION1
MINDY MICHAELS ROTH, Special Master.
On August 18, 2016, Crystal Butler filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program")2 on behalf of her then-minor child, S.B. Skylee Butler ("Ms. Butler" or "petitioner") was substituted as petitioner on October 9, 2018. ECF No. 44. Petitioner alleges that she has suffered injuries which were caused-in-fact by a human papillomavirus ("HPV") vaccination she received on August 21, 2013. See Amended Petition, ECF No. 14. The information in the record, however, does not show entitlement to an award under the Program. On November 30, 2018, petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No. 45.
To receive compensation under the Program, petitioner must prove either 1) that she ssuffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to her vaccination, or 2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that petitioner suffered a "Table Injury." Further, the record does not contain persuasive evidence indicating that petitioner's alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner's claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records supporting petitioner's claim, a medical opinion must be offered in support. Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that she suffered a "Table Injury" or that her injuries were "actually caused" by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
