IYP v. HHS - other (2016)

Filed 2016-08-04Decided 2016-11-10Vaccine vaccine
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kristy M. Suh and Danny Pasawongse, on behalf of their minor daughter IYP, filed a petition for vaccine compensation on November 10, 2016, alleging that various vaccinations injured IYP.

The petition was filed under the National Childhood Vaccine Injury Act of 1986. The record did not indicate entitlement to an award.

On November 10, 2016, the Petitioners moved for a decision dismissing their petition, acknowledging they could not prove entitlement to compensation under the Program. To receive compensation, Petitioners must prove either a "Table Injury" corresponding to a vaccination or that the injury was actually caused by a vaccine.

The Special Master noted that the record contained no evidence of a "Table Injury" and no medical expert's opinion or other persuasive evidence indicating that IYP's alleged injury was vaccine-caused. The Special Master found that the petition was not supported by medical records or a competent physician's opinion.

Consequently, the Special Master concluded that Petitioners failed to demonstrate entitlement and dismissed the case for insufficient proof. Judgment was entered accordingly.

The decision was issued by Special Master George L. Hastings.

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