Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2016
Summary: (Not to be Published) DECISION DISMISSING CASE FOR INSUFFICENT PROOF 1 BRIAN H. CORCORAN , Special Master . On October 14, 2015, Deborah Bohm filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program"), 2 alleging that influenza vaccination that she received on or about November 1, 2012, caused her to suffer from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") and that her symptoms persisted for more than six months. A
Summary: (Not to be Published) DECISION DISMISSING CASE FOR INSUFFICENT PROOF 1 BRIAN H. CORCORAN , Special Master . On October 14, 2015, Deborah Bohm filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program"), 2 alleging that influenza vaccination that she received on or about November 1, 2012, caused her to suffer from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") and that her symptoms persisted for more than six months. Af..
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(Not to be Published)
DECISION DISMISSING CASE FOR INSUFFICENT PROOF1
BRIAN H. CORCORAN, Special Master.
On October 14, 2015, Deborah Bohm filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the "Vaccine Program"),2 alleging that influenza vaccination that she received on or about November 1, 2012, caused her to suffer from Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP") and that her symptoms persisted for more than six months.
After some medical records relevant to Petitioner's case were filed (see ECF Nos. 9 and 10), Petitioner filed an unopposed motion on February 26, 2016, requesting a decision dismissing her claim (ECF No. 11). In it, Petitioner stated that "[a]n investigation of the facts and science supporting her case had demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." ECF No. 11.
To receive compensation under the Vaccine Program, a petitioner must prove either (1) that she suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of his vaccinations, or (2) that she suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). An examination of the record, however, does not uncover any evidence that Petitioner suffered a "Table Injury." Further, the record does not contain a medical expert's opinion or any other persuasive evidence indicating that the alleged injury that Petitioner experienced could have been caused or significantly aggravated by the vaccination that she received on November 1, 2012. And the filed medical records do not support Petitioner's claim.
Under the Vaccine Act, a petitioner may not be given a Vaccine Program award based solely on her claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. Section 13(a)(1). In this case, there is insufficient evidence in the record for Petitioner to meet her burden of proof. Petitioner's claim therefore cannot succeed and must be dismissed. Section 11(c)(1)(A).
Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
