Filed: Apr. 30, 2019
Latest Update: Apr. 30, 2019
Summary: DISMISSAL 1 HERBRINA D. SANDERS , Special Master . On December 8, 2017, Emily Middleton ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("Vaccine Program" or "Program"). 2 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged that she developed "Rheumatoid Arthritis and/or other neurologic and physical impairments and other injuries" as a result of the Human Papilloma Virus ("HPV") vaccinations she received on May 28, 2015, August 1
Summary: DISMISSAL 1 HERBRINA D. SANDERS , Special Master . On December 8, 2017, Emily Middleton ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("Vaccine Program" or "Program"). 2 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged that she developed "Rheumatoid Arthritis and/or other neurologic and physical impairments and other injuries" as a result of the Human Papilloma Virus ("HPV") vaccinations she received on May 28, 2015, August 14..
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DISMISSAL1
HERBRINA D. SANDERS, Special Master.
On December 8, 2017, Emily Middleton ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program ("Vaccine Program" or "Program").2 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that she developed "Rheumatoid Arthritis and/or other neurologic and physical impairments and other injuries" as a result of the Human Papilloma Virus ("HPV") vaccinations she received on May 28, 2015, August 14, 2015, and/or February 29, 2016. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.
On April 22, 2019, Petitioner filed a motion for a decision dismissing her petition. ECF No. 37. In her motion, Petitioner conceded that she "has been unable to secure evidence to prove entitlement to compensation in the [V]accine [P]rogram." Id. at 1. Petitioner continued, "to proceed further would be unreasonable and would waste the resources of the court, Respondent, and the [V]accine [P]rogram." 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 the vaccination, or (2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A), 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 that Petitioner's alleged injuries were caused by any of the HPV vaccines she received.
Under the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner's claim, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be dismissed for insufficient proof. The Clerk of the Court shall enter judgment accordingly.3
IT IS SO ORDERED.
