Carolyn Lanier v. HHS - Pneumococcal, shoulder injury (2017)

Filed 2017-03-31Decided 2017-12-05Vaccine Pneumococcal
denied

Case summary [AI summaries can sometimes make mistakes]

Carolyn Lanier filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury as a result of a pneumococcal conjugate vaccine received on October 26, 2015. She initially filed her petition pro se on February 22, 2016, and later obtained counsel.

After investigating the facts and science supporting her case, Ms. Lanier moved for a decision dismissing her petition, acknowledging that she would be unable to prove entitlement to compensation.

She understood that this dismissal would end all her rights in the Vaccine Program. The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine.

The record did not disclose evidence of a Table Injury, nor did it demonstrate that the injury had a residual effect for more than six months or provide a medical expert's opinion establishing vaccine causation. The decision stated that compensation cannot be awarded based on claims alone and must be supported by medical records or a medical opinion.

As the record lacked sufficient evidence to demonstrate entitlement, Ms. Lanier's claim for compensation was denied and the case was dismissed for insufficient proof.

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