VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00828
Package ID: USCOURTS-cofc-1_16-vv-00828
Petitioner: C.C.
Filed: 2016-07-12
Decided: 2017-07-24
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00828-0
Date issued/filed: 2017-07-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/26/17) regarding 39 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-00828-UNJ Document 47 Filed 07/24/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-828V
Filed: June 26, 2017
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
VICKI CAREY, on behalf *
of her minor child, C.C., *
*
Petitioner, * Petitioner’s Motion for a
* Decision Dismissing the Petition;
v. * Insufficient Proof of Causation; Vaccine
* Act Entitlement; Denial Without Hearing
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION
On July 12, 2016, Vicki Carey filed a Petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),1 alleging that C.C. was injured by a
vaccine listed in the Vaccine Injury Table. See § 14. The information in the record, however,
does not show entitlement to an award under the Program.
On June 23, 2017, Petitioner moved for a decision dismissing her petition,
acknowledging that she will be unable to prove she is entitled to compensation in the Program.
To receive compensation under the Program, Petitioner must prove either 1) that C.C.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of C.C.’s vaccinations, or 2) that C.C suffered an injury that was actually caused by a
vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not
uncover any evidence that C.C. suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that C.C.’s injury was
vaccine-caused.
1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:16-vv-00828-UNJ Document 47 Filed 07/24/17 Page 2 of 2
Under the Act, the petitioner may not be given a Program award based solely on the
petitioner’s claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are
insufficient medical records supporting Petitioner’s claim, a medical opinion must be offered in
support. Petitioner, however, has offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioner has failed to
demonstrate either that C.C. suffered a “Table Injury” or that C.C.’s injury was “actually caused”
by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter
judgment accordingly.
IT IS SO ORDERED.
s/George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master