Filed: Jul. 31, 2019
Latest Update: Jul. 31, 2019
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On March 12, 2018, Julia Wells ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 ("Vaccine Program" or "Program"). 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged that she suffered hearing loss as a result of the influenza ("flu") vaccine she received on September 27, 2017. Am. Pet. at 1, ECF No. 15. The information in the record, however, does not show entitlement to an award
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On March 12, 2018, Julia Wells ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program 2 ("Vaccine Program" or "Program"). 42 U.S.C. 300aa-10 to 34 (2012). Petitioner alleged that she suffered hearing loss as a result of the influenza ("flu") vaccine she received on September 27, 2017. Am. Pet. at 1, ECF No. 15. The information in the record, however, does not show entitlement to an award u..
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DECISION1
HERBRINA D. SANDERS, Special Master.
On March 12, 2018, Julia Wells ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program2 ("Vaccine Program" or "Program"). 42 U.S.C. § 300aa-10 to 34 (2012). Petitioner alleged that she suffered hearing loss as a result of the influenza ("flu") vaccine she received on September 27, 2017. Am. Pet. at 1, ECF No. 15. The information in the record, however, does not show entitlement to an award under the Program.
On July 31, 2019, Petitioner filed a motion to voluntarily dismiss her petition.3 ECF No. 28. In her motion, Petitioner noted that her decision to voluntarily dismiss her petition "is based on independent factor(s) outside of Respondent's position." Id. at 1. Petitioner further stated that she had discussed this matter with counsel and "is dismissing [her petition based] on her own independent knowledge." 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 injury was 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 shall enter judgment accordingly.4
IT IS SO ORDERED.