NORA BETH DORSEY, Special Master.
On August 16, 2012, Robert and Pamela Boyer ("petitioners"), as the parents and natural guardians of AB, filed a petition pursuant to the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
On December 11, 2013, petitioners filed a motion for judgment on the existing record. In their motion, petitioners indicate that their expert, having reviewed the medical records in this case, does not feel that he can write a report supporting petitioners' claim. Petitioners' counsel states that he spoke with Pamela Boyer on November 23, 2013, regarding the expert's decision, and that "Mrs. Boyer understands the difficulty in proving her daughter's injury was caused by the vaccines she received." According to petitioners' counsel, Mrs. Boyer has agreed to the filing of the instant motion.
Before ruling on petitioners' motion for judgment on the record, the undersigned issued an order informing that parties that, unless they objected within one week, the caption in this case would be altered to refer to AB by her initials rather than her full name.
On January 23, 2014, petitioners filed a motion for a decision dismissing their petition. They again assert that "an investigation of the facts and science supporting their case has demonstrated ... that they will be unable to prove that they are entitled to compensation in the Vaccine Program." They state that they "understand that a decision by the Special Master dismissing their petition will result in judgment against them," and that "[t]hey have been advised that such a judgment will end their rights in the Vaccine Program." They also understand that they may apply for costs after judgment has entered on a dismissal.
To receive compensation under the Vaccine Act, petitioners must prove either 1) that AB suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of AB's vaccinations, or 2) that AB suffered an injury that was actually caused by a vaccine.
Under the Vaccine Act, petitioner may not be awarded compensation 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. § 300aa-13(a)(1). In this case, because the medical records are insufficient to establish entitlement to compensation, a medical opinion must be offered in support. Petitioners, however, have offered no such opinion.
Therefore, the only alternative remains to DENY this petition.