Filed: Jun. 28, 2018
Latest Update: Jun. 28, 2018
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On March 20, 2017, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that a tetanus-diphtheria-acellular-pertussis ("Tdap") vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy. The information in the record, however, does not show entitlement to an award under the Program. On June 28, 2018, petitioner filed a Motion for Dismi
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On March 20, 2017, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that a tetanus-diphtheria-acellular-pertussis ("Tdap") vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy. The information in the record, however, does not show entitlement to an award under the Program. On June 28, 2018, petitioner filed a Motion for Dismis..
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DECISION1
MINDY MICHAELS ROTH, Special Master.
On March 20, 2017, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"),2 alleging that a tetanus-diphtheria-acellular-pertussis ("Tdap") vaccination caused him to develop chronic inflammatory demyelinating polyneuropathy. The information in the record, however, does not show entitlement to an award under the Program. On June 28, 2018, petitioner filed a Motion for Dismissal Decision requesting that his case be dismissed. ECF No. 32.
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 his vaccination, or 2) that he 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 he suffered a "Table Injury" or that his 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.