Filed: Oct. 11, 2019
Latest Update: Oct. 11, 2019
Summary: (Unpublished) DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On July 11, 2018, Donald Winter ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 2 alleging that he suffered from Guillain-Barr syndrome (GBS) and other related injuries as a result of the influenza vaccination he received on September 14, 2015. Pet. at 1-2, ECF No. 1. Petitioner filed his final statement of completion on September
Summary: (Unpublished) DECISION DISMISSING CASE FOR INSUFFICIENT PROOF 1 KATHERINE E. OLER , Special Master . On July 11, 2018, Donald Winter ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program, 2 alleging that he suffered from Guillain-Barr syndrome (GBS) and other related injuries as a result of the influenza vaccination he received on September 14, 2015. Pet. at 1-2, ECF No. 1. Petitioner filed his final statement of completion on September ..
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(Unpublished)
DECISION DISMISSING CASE FOR INSUFFICIENT PROOF1
KATHERINE E. OLER, Special Master.
On July 11, 2018, Donald Winter ("Petitioner") filed a petition for compensation under the National Vaccine Injury Compensation Program,2 alleging that he suffered from Guillain-Barré syndrome (GBS) and other related injuries as a result of the influenza vaccination he received on September 14, 2015. Pet. at 1-2, ECF No. 1. Petitioner filed his final statement of completion on September 11, 2019. ECF No. 20.
On June 21, 2019, Respondent filed a Rule 4(c) Report. Resp't's Rep., ECF No. 18. Respondent stated that Petitioner "failed to provide preponderant evidence of causation, [and] his petition for vaccine compensation should be denied." Id. at 16.
I then gave Petitioner until August 5, 2019 to file a status report indicating how he wished to proceed in light of Respondent's Report. See 6/28/2019 Non-PDF Scheduling Order. On August 5, 2019, Petitioner filed a status report requesting any opportunity to retain an expert. ECF No. 18. I set an initial deadline to file an expert report by October 4, 2019. See 8/5/2019 Non-PDF Scheduling Order.
Petitioner filed the instant motion to dismiss his claim on October 9, 2019, indicating that "[an] investigation of the facts and science supporting has demonstrated to the Petitioner that he will be unable to prove that he is entitled to compensation in the Vaccine Program." See Pet'r's Mot., ECF No. 21.
To receive compensation under the Vaccine Program, a petitioner must prove either (1) that he suffered a "Table Injury" — i.e., an injury falling within the Vaccine Injury Table — corresponding to his vaccination, or (2) that he suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). Moreover, under the Vaccine Act, a petitioner may not receive a Vaccine Program award based solely on his claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent medical expert. Section 13(a)(1). In this case, however, there is insufficient evidence in the record for Petitioner to meet his burden of proof. Petitioner's claim therefore cannot succeed and, in accordance with his motion, must be dismissed. Section 11(c)(1)(A).
Thus, this case is DISMISSED for insufficient proof. The Clerk shall enter judgment accordingly.
IT IS SO ORDERED.
