Lucy Dipiazza v. HHS - other (2016)

Filed 2016-12-01Decided 2016-12-29Vaccine vaccine
dismissed

Case summary [AI summaries can sometimes make mistakes]

Lucy Dipiazza filed a petition for vaccine compensation on December 1, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine or the date of vaccination.

The petitioner moved for a decision dismissing her petition on November 29, 2016, acknowledging an inability to prove entitlement to compensation. To receive compensation, a petitioner must prove either a "Table Injury" 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 petitioner's injury was vaccine-caused. The decision noted that claims alone are insufficient for an award; medical records or a physician's opinion are required.

As there were insufficient medical records and no medical opinion offered, the petitioner failed to demonstrate entitlement. Consequently, the case was dismissed for insufficient proof of causation by Special Master George L.

Hastings, Jr. The Clerk was ordered to enter judgment accordingly.

The public decision does not describe the petitioner's alleged condition, onset, symptoms, tests, treatments, or name any counsel.

Theory of causation

Petitioner Lucy Dipiazza filed a petition for vaccine compensation alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine, date of vaccination, or the alleged injury. Petitioner moved to dismiss her petition, acknowledging insufficient proof of entitlement. To establish entitlement, Petitioner needed to prove either a "Table Injury" or that the injury was "actually caused" by a vaccination. The record lacked evidence of a "Table Injury" and did not contain a medical expert's opinion or other persuasive evidence of vaccine causation. Petitioner offered no medical records or physician's opinion to support her claim. Special Master George L. Hastings, Jr. dismissed the case for insufficient proof of causation. The public decision does not name any experts or provide details on the mechanism of injury or award breakdown.

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