Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On June 12, 10, 2017, Rebecca DeRitis ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that her son, B.D., suffered from Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis ("PFAPA") syndrome as a result of a Measles, Mumps, and Rubella ("MMR") vaccination he received on February 20, 2014. Pet., EC
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On June 12, 10, 2017, Rebecca DeRitis ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that her son, B.D., suffered from Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis ("PFAPA") syndrome as a result of a Measles, Mumps, and Rubella ("MMR") vaccination he received on February 20, 2014. Pet., ECF..
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DECISION1
HERBRINA D. SANDERS, Special Master.
On June 12, 10, 2017, Rebecca DeRitis ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program").2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that her son, B.D., suffered from Periodic Fever, Aphthous Stomatitis, Pharyngitis, and Cervical Adenitis ("PFAPA") syndrome as a result of a Measles, Mumps, and Rubella ("MMR") vaccination he received on February 20, 2014. Pet., ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.
On January 4, 2018, Petitioner moved for a decision dismissing the petition. Mot. Decision, ECF No. 17. In her motion, Petitioner conceded that "[a]n investigation of the facts and science supporting [her] case has demonstrated to [P]etitioner that[,] based upon what science has discovered to date, she will be unable to prove that her child is entitled to compensation in the Vaccine Injury Compensation Program." Id. at 1. Respondent did not object to Petitioner's motion. Informal Comm., dated Jan. 4, 2018. Petitioner's counsel further averred that he "has no intention of seeking costs or fees" for this petition. Mot. Decision at 2.
To receive compensation under the Program, Petitioner must prove either (1) that B.D. suffered a "Table Injury"—i.e., an injury falling within the Vaccine Injury Table—corresponding to the vaccination, or (2) that B.D. 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 B.D. suffered a "Table Injury." Further, the record does not contain persuasive evidence that B.D.'s alleged injury was caused by the MMR 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.
IT IS SO ORDERED.
