Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHRINE E. OLER , Special Master . On March 7, 2017, Jennifer L. Call filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that she developed "severe headaches, sensory changes and joint pain and swelling and signs and symptoms associated with Brachial Neuritis, including pain shooting down [her] arm with tingling and numbness into the hand" as a result of a tetanus
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHRINE E. OLER , Special Master . On March 7, 2017, Jennifer L. Call filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that she developed "severe headaches, sensory changes and joint pain and swelling and signs and symptoms associated with Brachial Neuritis, including pain shooting down [her] arm with tingling and numbness into the hand" as a result of a tetanus ..
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Not to be Published
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
KATHRINE E. OLER, Special Master.
On March 7, 2017, Jennifer L. Call filed a petition seeking compensation under the National Vaccine Injury Compensation Program,2 alleging that she developed "severe headaches, sensory changes and joint pain and swelling and signs and symptoms associated with Brachial Neuritis, including pain shooting down [her] arm with tingling and numbness into the hand" as a result of a tetanus toxoid vaccination that she received on April 3, 2015. Petition, dated March 7, 2017 (ECF No. 1).
After filing medical records between the filing of her Petition and late May 2017, Petitioner filed her Statement of Completion on July 20, 2017. ECF No. 17. Thereafter, Respondent filed a Rule 4(c) Report on September 11, 2017, contesting Petitioner's right to damages, and requesting dismissal of the claim. ECF No. 19. Petitioner filed a reply to Respondent's Rule 4(c) Report on September 21, 2017, addressing the issue of causation, and informing the Court that she retained an expert and intends to file an expert report. ECF No. 20.
Petitioner was given a deadline of January 4, 2018, to file her expert report. Order, dated November 6, 2017 (ECF No. 23). On January 2, 2018, Petitioner filed the present motion to dismiss her non-table claim, indicating that "an investigation of the facts and science supporting [her] case has demonstrated that [she] will be unable to prove that she is entitled to compensation in the Vaccine Program." See Petitioner's Motion for a Decision Dismissing Her Petition, dated January 2, 2018 (ECF No. 28).
To receive compensation under the Vaccine Program, a petitioner must prove either (1) that she suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of her vaccinations, or (2) that she suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on her claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent medical expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for Petitioner to meet her burden of proof. Petitioner's claim therefore cannot succeed and must be dismissed. Section 11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
