Filed: Mar. 18, 2019
Latest Update: Mar. 18, 2019
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 26, 2018, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 on behalf of her minor child, I.S. Petitioner alleges that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenzae b ("Hib"), and inactivated poliovirus ("IPV") vaccinations on July 31, 2015, and thereafter developed seizures and an en
Summary: DECISION 1 MINDY MICHAELS ROTH , Special Master . On June 26, 2018, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"), 2 on behalf of her minor child, I.S. Petitioner alleges that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenzae b ("Hib"), and inactivated poliovirus ("IPV") vaccinations on July 31, 2015, and thereafter developed seizures and an enc..
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DECISION1
MINDY MICHAELS ROTH, Special Master.
On June 26, 2018, petitioner filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"),2 on behalf of her minor child, I.S. Petitioner alleges that I.S. received pneumococcal conjugate, rotavirus, diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenzae b ("Hib"), and inactivated poliovirus ("IPV") vaccinations on July 31, 2015, and thereafter developed seizures and an encephalopathy. See Petition, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program. On March 15, 2019, petitioner filed a Motion for Dismissal Decision requesting that her case be dismissed. ECF No. 17.
To receive compensation under the Program, petitioner must prove either 1) that I.S. suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to her vaccinations, or 2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that I.S. suffered a "Table Injury." Further, the record does not contain persuasive evidence indicating that I.S.'s alleged injury was vaccine-caused or in any way vaccine-related.
Under the Act, petitioner may not be given a Program award based solely on the petitioner's claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 13(a)(1). In this case, because there are insufficient medical records supporting petitioner's claim, a medical opinion must be offered in support. Petitioner, however, has offered no such opinion that supports a finding of entitlement.
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that I.S. suffered a "Table Injury" or that her injuries were "actually caused" by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
