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Stapleton v. Secretary of Health and Human Services, 16-1362V. (2018)

Court: United States Court of Federal Claims Number: infdco20180212526 Visitors: 6
Filed: Jan. 17, 2018
Latest Update: Jan. 17, 2018
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On October 19, 2016, Martha-Helene Stapleton ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that a Tetanus-Diphtheria-Pertussis ("Tdap") vaccination, which she received on November 1, 2014 when she was 38 weeks pregnant, caused her "to suffer from the loss of her child." Pet. at 1-2, ECF No. 1. The information in th
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DECISION1

On October 19, 2016, Martha-Helene Stapleton ("Petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program ("Vaccine Program").2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that a Tetanus-Diphtheria-Pertussis ("Tdap") vaccination, which she received on November 1, 2014 when she was 38 weeks pregnant, caused her "to suffer from the loss of her child." Pet. at 1-2, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.

On January 17, 2018, Petitioner filed a Motion for a Decision Dismissing the Petition. ECF No. 29. In the motion, Petitioner conceded that "she will be unable to prove that she is entitled to compensation in the Vaccine Program." Id. at 1. Petitioner's motion states that "Respondent's counsel has no objection to th[e] motion." Id. at 2.

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 her alleged injuries were caused by the Tdap vaccine.

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 shall enter judgment accordingly.

IT IS SO ORDERED.

FootNotes


1. This decision shall be posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.
2. National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all "§" references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
Source:  Leagle

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