Filed: Feb. 21, 2019
Latest Update: Feb. 21, 2019
Summary: Unpublished DECISION 1 NORA BETH DORSEY , Chief Special Master . On July 20, 2017, Daphne Lattimer ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq. 2 (the "Vaccine Act" or "Program"). 3 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her September 23, 2015 influenza ("flu") vaccination. Petition at 1. The information in the record does not
Summary: Unpublished DECISION 1 NORA BETH DORSEY , Chief Special Master . On July 20, 2017, Daphne Lattimer ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq. 2 (the "Vaccine Act" or "Program"). 3 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her September 23, 2015 influenza ("flu") vaccination. Petition at 1. The information in the record does not ..
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Unpublished
DECISION1
NORA BETH DORSEY, Chief Special Master.
On July 20, 2017, Daphne Lattimer ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the "Vaccine Act" or "Program").3 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her September 23, 2015 influenza ("flu") vaccination. Petition at 1. The information in the record does not show entitlement to an award under the Program.
On February 12, 2019, petitioner moved for a decision dismissing her petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 30). Petitioner indicated in her motion that "[a]n investigation of the facts and science supporting her case have demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." Id. at ¶ 2. Petitioner further indicated that she "understands that a decision by the Special Master dismissing her petition will result in a judgement against her. Petitioner has been advised that such a judgment will end all of her rights in the vaccine program." Id. at ¶ 4.
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 a covered vaccine, or 2) that she suffered an injury that was actually caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of the record does not disclose any evidence that petitioner suffered a "Table Injury." Further, the record does not contain a medical expert's opinion or any other persuasive evidence indicating that petitioner's alleged injury was vaccine-caused.
Under the Vaccine Act, a petitioner may not be awarded compensation based on the petitioner's claims alone. Rather, the petition must be supported by either the medical records or by a medical opinion. § 13(a)(1). In this case, the record does not contain medical records or a medical opinion sufficient to demonstrate that petitioner was injured by a vaccine. For these reasons, and in accordance with § 12(d)(3)(A), petitioner's claim for compensation is DENIED and this case is DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
