Filed: Mar. 25, 2019
Latest Update: Mar. 25, 2019
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On September 30, 2016, Crystal Cloud ("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 from ulnar nerve damage/brachial plexitis as a result of the influenza ("flu") vaccine she received on October 2, 2013. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an aw
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On September 30, 2016, Crystal Cloud ("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 from ulnar nerve damage/brachial plexitis as a result of the influenza ("flu") vaccine she received on October 2, 2013. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an awa..
More
DECISION1
HERBRINA D. SANDERS, Special Master.
On September 30, 2016, Crystal Cloud ("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 from ulnar nerve damage/brachial plexitis as a result of the influenza ("flu") vaccine she received on October 2, 2013. Pet. at 1, ECF No. 1. The information in the record, however, does not show entitlement to an award under the Program.
On March 21, 2019, Petitioner submitted a Motion to Dismiss her petition. ECF No. 57. In her motion, Petitioner conceded that "[w]ithout an expert report to support her claim, [she] is unable to prove that she is entitled to compensation in the Vaccine Program." Id. at 1.
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 flu 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 of Court shall enter judgment in accordance herewith.
IT IS SO ORDERED.