VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00944
Package ID: USCOURTS-cofc-1_16-vv-00944
Petitioner: IYP
Filed: 2016-11-10
Decided: 2016-11-10
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00944-0
Date issued/filed: 2016-12-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/16) regarding 12 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-00944-UNJ Document 13 Filed 12/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-944V
Filed: November 10, 2016
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
KRISTY M. SUH and *
DANNY PASAWONGSE, on *
behalf of their minor daughter IYP, *
*
Petitioners, * Petitioners’ 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 August 4, 2016, Petitioners filed a Petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),1 alleging that various vaccinations
injured IYP. The information in the record, however, does not show entitlement to an award
under the Program.
On November 10, 2016, Petitioners moved for a decision dismissing their petition,
acknowledging that they will be unable to prove they are entitled to compensation in the
Program.
To receive compensation under the Program, Petitioners must prove either 1) that IYP
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of IYP’s vaccinations, or 2) that IYP 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 IYP suffered a “Table Injury.” Further, the record does not contain a
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-00944-UNJ Document 13 Filed 12/05/16 Page 2 of 2
medical expert’s opinion or any other persuasive evidence indicating that IYP’s alleged injury
was vaccine-caused.
Under the Act, petitioners may not be given a Program award based solely on the
petitioners’ 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 Petitioners’ claim, a medical opinion must be offered in
support. Petitioners, however, have offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that IYP suffered a “Table Injury” or that IYP’s injuries were “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