Filed: Apr. 13, 2018
Latest Update: Apr. 13, 2018
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On June 27, 2017, Stephanie Easterling filed a petition on behalf of her then-minor daughter, Grace Easterling (now "Petitioner"), seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that Petitioner developed chronic arthralgias and other symptoms as a result of human papillomavirus vaccinations that Petitioner received on June 10, 2013, August 1
Summary: Not to be Published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On June 27, 2017, Stephanie Easterling filed a petition on behalf of her then-minor daughter, Grace Easterling (now "Petitioner"), seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that Petitioner developed chronic arthralgias and other symptoms as a result of human papillomavirus vaccinations that Petitioner received on June 10, 2013, August 13..
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Not to be Published
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
KATHERINE E. OLER, Special Master.
On June 27, 2017, Stephanie Easterling filed a petition on behalf of her then-minor daughter, Grace Easterling (now "Petitioner"), seeking compensation under the National Vaccine Injury Compensation Program,2 alleging that Petitioner developed chronic arthralgias and other symptoms as a result of human papillomavirus vaccinations that Petitioner received on June 10, 2013, August 13, 2013, and July 1, 2014. Petition, ECF No. 1.
Petitioner filed a Statement of Completion on December 8, 2017. ECF No. 17. Thereafter, Respondent filed a Rule 4(c) Report on February 5, 2018, contesting Petitioner's right to damages, and requesting dismissal of the claim. ECF No. 19.
I gave Petitioner an initial deadline of March 9, 2018 to file a status report, notifying the Court on how she wishes to proceed in this case. I extended this deadline to April 9, 2018. On April 9, 2018, Petitioner filed the present motion to dismiss her non-table claim, indicating that "[a]n investigation of the facts and science supporting this case has demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." See Petitioner's Motion for a Decision Dismissing Her Petition, ECF No. 23.
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 her 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). Moreover, under the Vaccine Act, a petitioner may not receive 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 medical expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for Petitioner to meet her burden of proof. Petitioner's claim therefore cannot succeed and in accordance with her 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.
