Filed: Nov. 28, 2018
Latest Update: Nov. 28, 2018
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On May 8, 2017, Joy Pleasant ("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 she suffered Post-Herpetic Neuralgia, Ramsay Hunt Syndrome, Facial Palsy, and Right VII Nerve Paralysis as a result of the Hepatitis B vaccination she received on May 7, 2014. Pet. at 1, ECF No. 1. The information in the record, however
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On May 8, 2017, Joy Pleasant ("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 she suffered Post-Herpetic Neuralgia, Ramsay Hunt Syndrome, Facial Palsy, and Right VII Nerve Paralysis as a result of the Hepatitis B vaccination she received on May 7, 2014. Pet. at 1, ECF No. 1. The information in the record, however,..
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DECISION1
HERBRINA D. SANDERS, Special Master.
On May 8, 2017, Joy Pleasant ("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 she suffered Post-Herpetic Neuralgia, Ramsay Hunt Syndrome, Facial Palsy, and Right VII Nerve Paralysis as a result of the Hepatitis B vaccination she received on May 7, 2014. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.
On November 26, 2018, Petitioner submitted a Motion to Voluntarily Dismiss her petition. ECF No. 31. In her Motion, Petitioner conceded that "it appears that expert support may not be forthcoming at this time." Id. at 1. Petitioner continued, "[a]s a result of these circumstances, to proceed further would be unreasonable and would waste the resources of the Court, the respondent, and the Vaccine Program." Id.
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 Petitioner's alleged injuries were caused by the Hepatitis B 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.