Filed: Sep. 19, 2016
Latest Update: Sep. 19, 2016
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 29, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"], 2 alleging that an influenza vaccination caused her to develop complaints of right lower quadrant abdominal pain radiating into her lower back, thoracic and cervical regions. The information in the record, however, does not show entitlement to an award under the Program. On August 30, 201
Summary: UNPUBLISHED DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 29, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"], 2 alleging that an influenza vaccination caused her to develop complaints of right lower quadrant abdominal pain radiating into her lower back, thoracic and cervical regions. The information in the record, however, does not show entitlement to an award under the Program. On August 30, 2016..
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UNPUBLISHED
DECISION1
MINDY MICHAELS ROTH, Special Master.
On June 29, 2016, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ["the Program"],2 alleging that an influenza vaccination caused her to develop complaints of right lower quadrant abdominal pain radiating into her lower back, thoracic and cervical regions. The information in the record, however, does not show entitlement to an award under the Program. On August 30, 2016 petitioner filed a "Motion for Decision Dismissing her Petition" requesting that her case be dismissed. ECF No. 28. Respondent did not file a response. Thus, this matter is ripe for decision.
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 his vaccination, or 2) that she 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, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that she suffered a "Table Injury" or that her 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.
