Eric Mateer v. HHS - other (2017)

Filed 2017-04-12Decided 2017-05-08Vaccine vaccine
dismissed

Case summary [AI summaries can sometimes make mistakes]

Eric Mateer filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program on January 6, 2016, alleging injury from a vaccine listed on the Vaccine Injury Table. The record did not contain sufficient evidence to establish entitlement to an award.

Petitioner moved for a decision dismissing his petition on April 5, 2017, acknowledging his inability to prove entitlement. To receive compensation, a petitioner must prove either a "Table Injury" corresponding to a vaccination or that the injury was actually caused by a vaccine.

The record did not contain evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that the injury was vaccine-caused. The Vaccine Act requires that a petition be supported by medical records or a competent physician's opinion.

In this case, there were insufficient medical records, and no medical opinion was offered. Special Master George L.

Hastings, Jr. determined that Petitioner failed to demonstrate either a "Table Injury" or that the injury was "actually caused" by a vaccination. The case was dismissed for insufficient proof on May 8, 2017.

The public decision does not describe the specific vaccine, vaccination date, age at vaccination, specific condition, onset, symptoms, tests, treatments, petitioner counsel, respondent counsel, or the mechanism of injury.

Theory of causation

Petitioner Eric Mateer filed a petition alleging injury from a vaccine listed on the Vaccine Injury Table. Petitioner moved for dismissal, stating an inability to prove entitlement. The Special Master found insufficient proof because there was no evidence of a "Table Injury" and no medical expert opinion or other persuasive evidence demonstrating the injury was vaccine-caused. The Vaccine Act requires proof via medical records or a physician's opinion, neither of which was sufficiently provided. The case was dismissed for insufficient proof. The public text does not specify the vaccine, date, age, condition, symptoms, tests, treatments, or mechanism. Special Master George L. Hastings, Jr. issued the decision on May 8, 2017. Petitioner counsel and respondent counsel are not named in the public text.

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