Filed: Jul. 19, 2019
Latest Update: Jul. 19, 2019
Summary: UNPUBLISHED DECISION 1 NORA BETH DORSEY , Chief Special Master . On February 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program"), 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"), alleging that he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his November 16, 2016 influenza vaccination. Petition at 1. The information in the record does not show entitlement to an award under
Summary: UNPUBLISHED DECISION 1 NORA BETH DORSEY , Chief Special Master . On February 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program"), 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"), alleging that he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his November 16, 2016 influenza vaccination. Petition at 1. The information in the record does not show entitlement to an award under ..
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UNPUBLISHED
DECISION1
NORA BETH DORSEY, Chief Special Master.
On February 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program ("the Program"), 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"), alleging that he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his November 16, 2016 influenza vaccination. Petition at 1. The information in the record does not show entitlement to an award under the Program.
On July 16, 2019, petitioner moved for a decision dismissing the petition, acknowledging that insufficient evidence exists to demonstrate entitlement to compensation. (ECF No. 14). Petitioner indicated in his motion that "[a]n investigation of the facts and science supporting his case has demonstrated to Petitioner that he will be unable to prove that he is entitled to compensation in the Vaccine Program." Id. Petitioner further indicated that he "understands that a decision by the Special Master dismissing his petition will result in a judgment against him. He has been advised that such a judgment will end all of his rights in the Vaccine Program." Id.
To receive compensation under the Program, petitioner must prove either 1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to one of his vaccinations, or 2) that he suffered an injury that was actually caused by a 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 the vaccinee was injured by a vaccine. For these reasons, 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.3
IT IS SO ORDERED.
