Not to be Published

DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1

BRIAN H. CORCORAN, Special Master.

On January 28, 2015, Michelle Schneider filed a petition on behalf of her minor child, R.S., seeking compensation under the National Vaccine Injury Compensation Program.2 The Petition alleges that the Haemophilus Influenzae Type B ("Hib") vaccine that R.S. received on January 26, 2012, caused her to develop injuries, including Chronic Encephalopathy. See Petition ("Pet.") at 1.

Petitioner originally filed this petition pro se, but upon a motion to substitute counsel, Meredith Troberman became the attorney of record on April 8, 2015. In order to file the medical records needed in this case, Petitioner filed three motions for extensions of time, all of which were granted. During that time, on September 22, 2015, the 240-day time period for the special master's issuance of a decision lapsed and Petitioner elected to continue in the program.

After Petitioner filed numerous medical records in late October, the parties filed a joint status report stating that additional medical records were needed, and requesting that the filing date for their Joint Statement of Completion be moved to January 30, 2016. See Report, dated Dec. 12, 2015 (ECF No. 52). Many of those medical records were filed in error, stricken from the record, and replaced by the correct records in the form of a CD. On May 5, 2016, the parties filed a statement of completion.

Respondent's Rule 4(c) Report, filed on June 7, 2016, contested the appropriateness of an entitlement award. See Report, dated June 7, 2016 (ECF No. 96). Petitioner subsequently filed an unopposed motion on August 10, 2016, requesting a decision dismissing her claim (ECF No. 98). In it, Petitioner stated that "[a]n investigation of the facts and science supporting her case has demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program."Id. Petitioner also stated her understanding that the requested decision will end all of her rights in the Vaccine Program. Id. Ms. Schneider, on behalf of R.S., intends to protect her rights to file a civil action in the future, but in an effort not to waste judicial resources, requests dismissal of her current claim. Id. at 1-2. Respondent does not object.

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). An examination of the record, however, does not uncover any evidence that R.S. suffered a "Table Injury." Further, the record does not contain a medical expert's opinion or any other persuasive evidence indicating that the alleged injury that R.S. experienced could have been caused or significantly aggravated by the vaccine that she received on January 26, 2012.

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 physician. Section 13(a)(1). In this case, 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.