Filed: Apr. 17, 2014
Latest Update: Apr. 17, 2014
Summary: DECISION 1 THOMAS L. GOWEN, Special Master. On September 27, 2013, petitioner, Riki Hurst filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"], 2 as natural mother and guardian ad litem for K.M.K., a minor, alleging that K.M.K. experienced syncope and seizures upon administration of the Guardasil vaccine. Petition at 1. On April 8, 2014, petitioner moved for a decision dismissing this petition on the ground that she was unable to deve
Summary: DECISION 1 THOMAS L. GOWEN, Special Master. On September 27, 2013, petitioner, Riki Hurst filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"], 2 as natural mother and guardian ad litem for K.M.K., a minor, alleging that K.M.K. experienced syncope and seizures upon administration of the Guardasil vaccine. Petition at 1. On April 8, 2014, petitioner moved for a decision dismissing this petition on the ground that she was unable to devel..
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DECISION1
THOMAS L. GOWEN, Special Master.
On September 27, 2013, petitioner, Riki Hurst filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"],2 as natural mother and guardian ad litem for K.M.K., a minor, alleging that K.M.K. experienced syncope and seizures upon administration of the Guardasil vaccine. Petition at 1. On April 8, 2014, petitioner moved for a decision dismissing this petition on the ground that she was unable to develop sufficient evidence to prove her case.
To receive compensation under the Program, petitioner must prove either 1) that K.M.K. suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of K.M.K.'s vaccinations, or 2) that K.M.K. 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 reveal any evidence that K.M.K. suffered a "Table Injury." Further, the record does not contain persuasive evidence indicating that K.M.K.'s alleged injury was vaccine-caused. In fact, petitioner has acknowledged that her expert, a pediatric neurologist, was unable to render an opinion sufficient to satisfy the Althen3 criteria.
Under the Act, petitioner may not be given a Program award based solely on the petitioner's claims. 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, and petitioner has acknowledged that she does not have a medical opinion to support her claim, this petition must be dismissed.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that K.M.K. suffered a "Table Injury" or that K.M.K.'s injuries were "actually caused" by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.4
IT IS SO ORDERED.