Filed: Oct. 25, 2018
Latest Update: Oct. 25, 2018
Summary: Not to be published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On November 16, 2017, Elizabeth Teter filed a petition on behalf of her minor daughter, S.T., seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that S.T. suffered from "epilepsy, seizures, developmental regression and delay, and hypotonia" as a result of her diphtheria, tetanus, and pertussis ("DTaP"), Haemophilus influenzae type B ("Hib"), ina
Summary: Not to be published DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On November 16, 2017, Elizabeth Teter filed a petition on behalf of her minor daughter, S.T., seeking compensation under the National Vaccine Injury Compensation Program, 2 alleging that S.T. suffered from "epilepsy, seizures, developmental regression and delay, and hypotonia" as a result of her diphtheria, tetanus, and pertussis ("DTaP"), Haemophilus influenzae type B ("Hib"), inac..
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Not to be published
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
KATHERINE E. OLER, Special Master.
On November 16, 2017, Elizabeth Teter filed a petition on behalf of her minor daughter, S.T., seeking compensation under the National Vaccine Injury Compensation Program,2 alleging that S.T. suffered from "epilepsy, seizures, developmental regression and delay, and hypotonia" as a result of her diphtheria, tetanus, and pertussis ("DTaP"), Haemophilus influenzae type B ("Hib"), inactivated polio vaccine ("IPV"), Pneumococcal-13, and Rotavirus vaccinations administered on November 24, 2014.3 Petition at 1, ECF No. 1.
On November 30, 2017, Petitioner concurrently filed numerous medical records (Exs. 1-14, ECF Nos. 6-7) and a statement of completion indicating that all relevant medical records had been filed (ECF No. 8). Respondent thereafter filed a Rule 4(c) Report on June 25, 2018, stating that this case is not appropriate for compensation, and that the petition should be dismissed. ECF No. 17 at 13. On that same date, I issued a scheduling order requiring Petitioner to file an expert report by August 24, 2018. See non-PDF Scheduling Order of 6/25/2018. Petitioner subsequently requested an extension of time (ECF No. 20), which I granted (see non-PDF Scheduling Order of 8/24/2018).
On October 24, 2018, in lieu of filing an expert report, Petitioner filed her present motion to voluntarily dismiss this case. Motion to Dismiss, ECF No. 21. In that Motion, Petitioner indicates that she "has been unable to secure evidence to prove entitlement to compensation" (id. at 1), and thus "moves for a decision dismissing the petition" (id. at 2). Petitioner's Motion also states that Respondent does not oppose this course of action. Id. at 2.
To receive compensation under the Vaccine Program, Petitioner must prove either (1) that S.T. 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 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.
