Unpublished

DISMISSAL DECISION1

DANIEL T. HORNER, Special Master.

On June 14, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that tetanus-diphtheria-acellular pertussis ("Tdap") vaccine he received on January 13, 2015 caused him transverse myelitis ("TM") and neuromyelitis optica ("NMO"). (Pet. at ¶¶ 1, 6.)

On May 20, 2019, petitioner filed a status report, stating that "[f]ollowing further consultation with an expert neurologist, petitioner and [petitioner's] counsel have determined that petitioner will not file an expert report in this case." (ECF No. 26.) Petitioner requested 14 days to decide whether petitioner will file a motion for a ruling on the record or a motion for a decision denying compensation. (Id. at 1.)

On June 3, 2019, petitioner filed a Motion for Decision Denying Compensation, stating that "[p]etitioner has filed all evidence [p]etitioner believes is relevant to this matter and does not intend to file further evidence in support of [his] case." (ECF No. 27.) Petitioner waived his right to a hearing or any further proceeding and further stated that "[p]etitioner understands that this motion will result in an unfavorable decision by the Special Master, resulting in a judgment against [p]etitioner. Petitioner has been advised that such an unfavorable judgment will end [p]etitioner's claim under the Vaccine Act. Petitioner may apply for fees and costs once [p]etitioner's entitlement case is concluded." (Id. at 1.)

To receive compensation in the Vaccine Program, petitioner must prove either (1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to a covered vaccine, or (2) that he suffered an injury that was actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). To satisfy his burden of proving causation in fact, petitioner must show by preponderant evidence: "(1) a medical theory causally connecting the vaccination and the injury; (2) a logical sequence of cause and effect showing that the vaccination was the reason for the injury; and (3) a showing of a proximate temporal relationship between vaccination and injury." Althen v. Sec'y of Health and Human Servs., 418 F.3d 1274, 1278 (Fed. Cir. 2005). The Vaccine Act, 42 U.S.C. § 300aa-13(a)(1), prohibits the undersigned from ruling for petitioner based solely on his allegations unsubstantiated by medical records or medical opinion.

Examination of the record does not disclose any evidence that petitioner suffered a "Table Injury." Further, petitioner's medical records do not support his allegations by a preponderance of the evidence and he did not file a medical opinion from an expert in support of his allegations. Accordingly, the undersigned GRANTS petitioner's Motion for Decision Denying Compensation and DISMISSES this petition for failure to establish a prima facie case of entitlement to compensation.

CONCLUSION

This case is now DISMISSED. The clerk of the court is directed to enter judgment in accordance with this decision.2

IT IS SO ORDERED.