Filed: Jun. 13, 2014
Latest Update: Jun. 13, 2014
Summary: DECISION 1 Autism; Petitioners' Motion for a Decision Dismissing the Petition; Insufficient Proof of Causation; Vaccine Act Entitlement; Denial Without Hearing GEORGE L. HASTINGS, Jr., Special Master. On October 31, 2008, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that various vaccinations injured M.A.J.. The information in the record, however, does not show entitlement to an award under the Program.
Summary: DECISION 1 Autism; Petitioners' Motion for a Decision Dismissing the Petition; Insufficient Proof of Causation; Vaccine Act Entitlement; Denial Without Hearing GEORGE L. HASTINGS, Jr., Special Master. On October 31, 2008, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 alleging that various vaccinations injured M.A.J.. The information in the record, however, does not show entitlement to an award under the Program. ..
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DECISION1
Autism; Petitioners' Motion for a Decision Dismissing the Petition; Insufficient Proof of Causation; Vaccine Act Entitlement; Denial Without Hearing
GEORGE L. HASTINGS, Jr., Special Master.
On October 31, 2008, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"),2 alleging that various vaccinations injured M.A.J.. The information in the record, however, does not show entitlement to an award under the Program.
On June 11, 2014, Petitioners filed a Motion for a decision dismissing their petition.
To receive compensation under the Program, Petitioners must prove either 1) that M.A.J. suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of M.A.J.'s vaccinations, or 2) that M.A.J. suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that M.A.J. suffered a "Table Injury." Further, the record does not contain any other persuasive evidence indicating that M.A.J.'s alleged injury was vaccine-caused.
Further, Petitioners' own Motion acknowledges that their "investigation of the facts and science" has demonstrated that they will be unable to prove that they are entitled to compensation in the Vaccine Program.
Accordingly, it is clear from the record in this case that Petitioners have failed to demonstrate either that M.A.J. suffered a "Table Injury" or that M.A.J.'s 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.
