Filed: Oct. 11, 2019
Latest Update: Oct. 11, 2019
Summary: Not to be published DECISION DISMISSING CASE 1 BRIAN H. CORCORAN , Chief Special Master . On September 26, 2018, Karen Goldie filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleged that the influenza vaccine she received on October 16, 2015 caused her to suffer from Guillain-Barr syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. Pet. at 1. After the claim's initiation, Petitioner filed medica
Summary: Not to be published DECISION DISMISSING CASE 1 BRIAN H. CORCORAN , Chief Special Master . On September 26, 2018, Karen Goldie filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program"). 2 Petitioner alleged that the influenza vaccine she received on October 16, 2015 caused her to suffer from Guillain-Barr syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. Pet. at 1. After the claim's initiation, Petitioner filed medical..
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Not to be published
DECISION DISMISSING CASE1
BRIAN H. CORCORAN, Chief Special Master.
On September 26, 2018, Karen Goldie filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleged that the influenza vaccine she received on October 16, 2015 caused her to suffer from Guillain-Barré syndrome and Chronic Inflammatory Demyelinating Polyneuropathy. Pet. at 1.
After the claim's initiation, Petitioner filed medical records and exhibits to supplement her Petition. Shortly thereafter, Respondent filed a Rule 4(c) report taking the position that Petitioner was not entitled to compensation. Resp.'s Report, filed July 24, 2019 (ECF No. 17).
On September 11, 2019, Petitioner's counsel contacted my chambers and indicated that she now wanted to dismiss her claim. A status conference with the parties was held on September 30, 2019, and Petitioner reiterated her desire to dismiss her claim. I instructed Petitioner that she should file a motion for decision to that end, and she has done so. Mot. to Dismiss, filed October 7, 2019 (ECF No. 18). In it, Petitioner explains—as she had done verbally in the earlier status conference—that an investigation of the facts and science demonstrated to her that she would be unable to prove she was entitled to compensation in the Vaccine Program. Id. at 2. Petitioner acknowledged that under such circumstances it would be unreasonable to waste the resources of the court, Respondent, and Vaccine Program. Id. Respondent has not lodged an objection to the claim's dismissal.
Under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on her claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. Section 13(a)(1). In this case, there is insufficient evidence in the record for Petitioner to meet her burden of proof. Therefore, without an entitlement hearing, Petitioner's claim cannot succeed and must be dismissed. Section 11(c)(1)(A).
Accordingly, I hereby DISMISS Petitioner's case. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of this decision.3
IT IS SO ORDERED.
