Filed: Oct. 01, 2019
Latest Update: Oct. 01, 2019
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 28, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that she received an influenza ("flu") vaccine on September 30, 2013 and thereafter suffered from a right shoulder injury. The information in the record, however, does not show entitlement to an award under the Program. On October 1, 2019, petitioner filed a Motion for Dismissa
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 28, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that she received an influenza ("flu") vaccine on September 30, 2013 and thereafter suffered from a right shoulder injury. The information in the record, however, does not show entitlement to an award under the Program. On October 1, 2019, petitioner filed a Motion for Dismissal..
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UNPUBLISHED
DECISION1
MINDY MICHAELS ROTH, Special Master.
On June 28, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"),2 alleging that she received an influenza ("flu") vaccine on September 30, 2013 and thereafter suffered from a right shoulder injury. The information in the record, however, does not show entitlement to an award under the Program. On October 1, 2019, petitioner filed a Motion for Dismissal Decision requesting that his case be dismissed. ECF No. 52.
To receive compensation under the Program, petitioner must prove either 1) that she suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to his vaccination, or 2) that she 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 she suffered a "Table Injury" or that her 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.
