Filed: Feb. 17, 2016
Latest Update: Feb. 17, 2016
Summary: DECISION 1 NORA BETH DORSEY , Chief Special Master . On March 2, 2015, Tamie Blesi ("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 she suffered an injury to her left shoulder as a result of an influenza vaccination she received on December 4, 2012. Petition at 1-12. The information in the record does not show entitlement to an award und
Summary: DECISION 1 NORA BETH DORSEY , Chief Special Master . On March 2, 2015, Tamie Blesi ("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 she suffered an injury to her left shoulder as a result of an influenza vaccination she received on December 4, 2012. Petition at 1-12. The information in the record does not show entitlement to an award unde..
More
DECISION1
NORA BETH DORSEY, Chief Special Master.
On March 2, 2015, Tamie Blesi ("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 she suffered an injury to her left shoulder as a result of an influenza vaccination she received on December 4, 2012. Petition at ¶¶ 1-12. The information in the record does not show entitlement to an award under the Program.
On February 15, 2016, petitioner moved for a decision dismissing her petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 26). Petitioner indicated in her motion that "[a]n investigation of the facts and science supporting her case ha[s] demonstrated to petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." Id. Petitioner further indicated that she "understands that a decision by the [undersigned] dismissing her petition will result in a judgment against her. [She] 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 vaccine-caused.
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.