Filed: Apr. 01, 2019
Latest Update: Apr. 01, 2019
Summary: DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 BRIAN H. CORCORAN , Special Master . On March 22, 2018, Richard Chester filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that the influenza ("flu") vaccine he received on October 18, 2016, caused him to experience a peripheral polyneuropathy. See Petition (ECF No. 1) at 1-3. Petitioner filed the majority of his medical records at the time he filed the Petition. See ECF
Summary: DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 BRIAN H. CORCORAN , Special Master . On March 22, 2018, Richard Chester filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleged that the influenza ("flu") vaccine he received on October 18, 2016, caused him to experience a peripheral polyneuropathy. See Petition (ECF No. 1) at 1-3. Petitioner filed the majority of his medical records at the time he filed the Petition. See ECF ..
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DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
BRIAN H. CORCORAN, Special Master.
On March 22, 2018, Richard Chester filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleged that the influenza ("flu") vaccine he received on October 18, 2016, caused him to experience a peripheral polyneuropathy. See Petition (ECF No. 1) at 1-3.
Petitioner filed the majority of his medical records at the time he filed the Petition. See ECF Nos. 4-15. Following two extensions of time, Respondent thereafter filed a Rule 4(c) Report on November 8, 2018, contesting Petitioner's right to damages (ECF No. 10). Additional medical records were obtained and filed thereafter from November 2018 to January 2019. See ECF Nos. 12-13. The Joint Statement of Completion was never filed.
I held a status conference with the parties on November 26, 2018, at which time I discussed the overall viability of Petitioner's claim, and proposed a deadline of February 8, 2019, for Petitioner to file an expert report in this matter. See Non-PDF Order, dated Nov. 26, 2018. Thereafter, Petitioner requested one extension of time (ECF No. 14) to the file the expert report which I granted, thereby extending Petitioner's expert report deadline to April 9, 2019. See Non-PDF Order, dated Feb. 7, 2019.
On April 1, 2019, Petitioner filed the present motion to dismiss (rather than the ordered expert report), indicating that in his view he would be unable to prove entitlement to compensation in this case based on an investigation of the facts and science supporting his claim. See Motion to Dismiss, dated Apr. 1, 2019 (ECF No. 15). Respondent has represented that he does not oppose the motion.
To receive compensation under the Vaccine Program, a petitioner must prove either (1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of his vaccinations, or (2) that he 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 Mr. Chester suffered a Table injury. Furthermore, the record does not contain a medical expert's opinion or any other persuasive evidence indicating that Mr. Chester's alleged injury was caused by the flu vaccine he received.
Under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on his 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 his 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.
