DISMISSAL1

HERBRINA D. SANDERS, Special Master.

On May 2, 2018, Timothy W. Massa ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program2 ("Vaccine Program" or "Program"). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that he developed Guillain-Barré syndrome ("GBS") as a result of the influenza ("flu") vaccine he received on September 21, 2016. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.

On October 9, 2019, Petitioner filed an unopposed motion for a decision dismissing his petition. ECF No. 25. In his motion, Petitioner conceded that he "has been unable to secure evidence to prove entitlement to compensation in the [V]accine [P]rogram." Id. at 1. He continued, "to proceed further would be unreasonable and would waste the resources of the court, the Respondent and the [V]accine [P]rogram." Id. Petitioner further indicated that Respondent had no objection to his motion. Id.

To receive compensation under the Program, Petitioner must prove either (1) that he suffered a "Table Injury"—i.e., an injury falling within the Vaccine Injury Table—corresponding to the vaccination, or (2) that he suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A), 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 that Petitioner's alleged injury was caused by the flu vaccine.

Under the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner's claim, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.3

IT IS SO ORDERED.