IYP v. HHS - other (2016)
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.
Theory of causation
Petitioners Kristy M. Suh and Danny Pasawongse, on behalf of minor IYP, filed a petition alleging injury from various vaccinations. The Special Master noted the record did not show entitlement. Petitioners subsequently moved to dismiss, admitting they could not prove entitlement. To be compensated, entitlement requires proof of a "Table Injury" or actual causation by a vaccine. The Special Master found no evidence of a "Table Injury" in the record. Furthermore, there was no medical expert opinion or other persuasive evidence in the record to support the claim that IYP's alleged injury was actually caused by a vaccination. The Special Master determined that the petition lacked the required support from medical records or a competent physician's opinion. The case was dismissed for insufficient proof. Special Master George L. Hastings issued the decision on November 10, 2016.
Source PDFs
USCOURTS-cofc-1_16-vv-00944