Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On November 13, 2014, Suzanne Fuhri ("Ms. Fuhri" or "petitioner") timely filed a petition for compensation on behalf of the estate of her minor child, T.F., for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"). 2 The petition alleged that T.F suffered an acute illness following administration of the diphtheria-tetanus-acellular pertussis ("Dtap"), inactivated polio ("IPV"), pneumococcal, and hepatit
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On November 13, 2014, Suzanne Fuhri ("Ms. Fuhri" or "petitioner") timely filed a petition for compensation on behalf of the estate of her minor child, T.F., for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"). 2 The petition alleged that T.F suffered an acute illness following administration of the diphtheria-tetanus-acellular pertussis ("Dtap"), inactivated polio ("IPV"), pneumococcal, and hepatiti..
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DECISION1
MINDY MICHAELS ROTH, Special Master.
On November 13, 2014, Suzanne Fuhri ("Ms. Fuhri" or "petitioner") timely filed a petition for compensation on behalf of the estate of her minor child, T.F., for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program").2 The petition alleged that T.F suffered an acute illness following administration of the diphtheria-tetanus-acellular pertussis ("Dtap"), inactivated polio ("IPV"), pneumococcal, and hepatitis B vaccines on November 29, 2012, which led to his death on December 1, 2012. Petition ("Pet."), ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program. On January 21, 2020, petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed given the recent Federal Circuit decision in Boatmon v. Secretary of Health & Human Services. Motion, ECF No. 101.
To receive compensation under the Program, petitioner must prove either 1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to his vaccination, or 2) that he 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's expert, however, has offered no such opinion that supports a finding of entitlement. In light of the recent Federal Circuit decision in Boatmon v. Secretary of Health & Human Services, however, compensation is not appropriate in this matter. See 941 F.3d 1351, 1361-62 (Fed. Cir. 2019).
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that he suffered a "Table Injury" or that his 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.
