Vicki Carey v. HHS - other (2017)
Case summary [AI summaries can sometimes make mistakes]
On July 12, 2016, Vicki Carey filed a petition for vaccine compensation on behalf of her minor child, C.C., alleging an injury from a vaccine listed in the Vaccine Injury Table. The respondent is the Secretary of Health and Human Services.
The public decision does not describe the specific vaccine(s) received, the date(s) of vaccination, or the alleged condition. On June 23, 2017, the petitioner moved for a decision dismissing her own petition, acknowledging an inability to prove entitlement to compensation under the National Vaccine Injury Compensation Program.
The Special Master noted that to receive compensation, the petitioner must prove either that C.C. suffered a "Table Injury" corresponding to a vaccination or that C.C. suffered an injury actually caused by a vaccine. An examination of the record did not reveal any evidence that C.C. suffered a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that C.C.'s injury was vaccine-caused.
The Special Master stated that the petition must be supported by medical records or a competent physician's opinion, neither of which was present in the record. Consequently, the Special Master found that the 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 of causation. No compensation was awarded.
The Special Master was George L. Hastings, Jr.
The decision was issued on July 24, 2017.
Theory of causation
Petitioner Vicki Carey, on behalf of minor C.C., filed a petition for vaccine compensation on July 12, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The public text does not specify the vaccine(s), vaccination date(s), or the alleged condition. Petitioner later moved to dismiss her petition, acknowledging an inability to prove entitlement. To establish entitlement, Petitioner needed to prove either a "Table Injury" or that the injury was "actually caused" by a vaccine. The record lacked evidence of a "Table Injury" and did not contain a medical expert's opinion or other persuasive evidence of vaccine causation. The petition was not supported by medical records or a competent physician's opinion. Special Master George L. Hastings, Jr. dismissed the case on July 24, 2017, for insufficient proof of causation. No award was made.
Source PDFs
USCOURTS-cofc-1_16-vv-00828