Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: DECISION 1 NORA BETH DORSEY , Chief Special Master . On August 29, 2016, Bonnie Stratton ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq. 2 (the "Vaccine Act" or "Program"). 3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination she received on June 25, 2014. Petition at
Summary: DECISION 1 NORA BETH DORSEY , Chief Special Master . On August 29, 2016, Bonnie Stratton ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq. 2 (the "Vaccine Act" or "Program"). 3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination she received on June 25, 2014. Petition at ..
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DECISION1
NORA BETH DORSEY, Chief Special Master.
On August 29, 2016, Bonnie Stratton ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the "Vaccine Act" or "Program").3 Petitioner alleges that petitioner suffered from a shoulder injury related to vaccine administration ("SIRVA") as a result of a Tetanus, Diphtheria, and Pertussis ("Tdap") vaccination she received on June 25, 2014. Petition at ¶¶ 1. The information in the record does not show entitlement to an award under the Program.
On June 13, 2017, petitioner moved for a decision dismissing the petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation in the Program. (ECF No. 16). Petitioner indicated in her motion that "[a]n investigation of the facts and science supporting her case have demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." Petitioner further stated that she "understands that a decision by the [undersigned] dismissing her petition will result in a judgment against her. Petitioner has been advised that such a judgment will end all of her rights in the Vaccine Program." Id.
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 a covered vaccine, or 2) that she suffered an injury that was actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the record does not disclose any evidence that petitioner suffered a "Table Injury." Further, the record does not contain a medical expert's opinion or any other persuasive evidence indicating that petitioner's alleged injury was caused by a covered vaccine.
Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner's claims alone. Rather, the petition must be supported by either the medical records or by a medical opinion. § 13(a)(1). In this case, the record does not contain medical records or a medical opinion sufficient to demonstrate that the vaccinee was injured by a vaccine. For these reasons, and in accordance with § 12(d)(3)(A), petitioner's claim for compensation is denied and this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.4
IT IS SO ORDERED.
