Filed: Jan. 26, 2018
Latest Update: Jan. 26, 2018
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On January 4, 2017, Robert Kirk Collier, Jr. filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that he developed Guillain-Barr Syndrome as a result of an influenza vaccination that he received on October 12, 2013. Petition, dated January 4, 2017 (ECF No. 1). Petitioner filed his Statement of Completion on March 21, 2017. ECF
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On January 4, 2017, Robert Kirk Collier, Jr. filed a petition seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that he developed Guillain-Barr Syndrome as a result of an influenza vaccination that he received on October 12, 2013. Petition, dated January 4, 2017 (ECF No. 1). Petitioner filed his Statement of Completion on March 21, 2017. ECF N..
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Not to be Published
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
KATHERINE E. OLER, Special Master.
On January 4, 2017, Robert Kirk Collier, Jr. filed a petition seeking compensation under the National Vaccine Injury Compensation Program,2 alleging that he developed Guillain-Barré Syndrome as a result of an influenza vaccination that he received on October 12, 2013. Petition, dated January 4, 2017 (ECF No. 1).
Petitioner filed his Statement of Completion on March 21, 2017. ECF No. 10. Thereafter, Respondent filed a Rule 4(c) Report on August 2, 2017, contesting Petitioner's right to damages, and requesting dismissal of the claim. ECF No. 15. Petitioner filed a reply to Respondent's Rule 4(c) Report on September 5, 2017, addressing the issue of whether any of the procedures that Petitioner underwent constitute a surgical intervention under the Act. ECF No. 17.
The undersigned gave Petitioner a deadline of January 5, 2018, to file his brief and supporting documentation concerning whether the procedures Petitioner underwent constitute a surgical intervention, as well as Petitioner's position on the definition of surgical intervention. Order, dated December 19, 2017 (ECF No. 24). Petitioner instead filed a status report on January 5, 2018, informing the Court of his intent to prepare a motion to dismiss due to the fact that Petitioner did not undergo a surgical procedure under the Act. ECF No. 26.
On January 25, 2018, Petitioner filed the present motion to dismiss his non-table claim, indicating that "[a]n investigation of the facts and science supporting his case has demonstrated to [the Petitioner] that he will be unable to prove that he is entitled to compensation in the Vaccine Program." See Petitioner's Motion for a Decision Dismissing His Petition, dated January 25, 2018 (ECF No. 27).
To receive compensation under the Vaccine Program, a petitioner must prove either (1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of his vaccinations, or (2) that he suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on his claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent medical expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for Petitioner to meet his burden of proof. Petitioner's claim therefore cannot succeed and in accordance with his motion, 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.
