VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01394
Package ID: USCOURTS-cofc-1_16-vv-01394
Petitioner: Don Lewis
Filed: 2016-10-25
Decided: 2017-07-19
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Don Lewis filed a petition for vaccine compensation on October 25, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The record did not contain sufficient evidence to establish entitlement to an award. Specifically, there was no evidence of a 'Table Injury,' nor was there a medical expert's opinion or other persuasive evidence indicating that Mr. Lewis's injury was vaccine-caused. On July 19, 2017, Mr. Lewis moved for a decision dismissing his petition, acknowledging his inability to prove entitlement. The court dismissed the case for insufficient proof of causation. The specific vaccine, alleged injury, and date of vaccination were not detailed in this decision. Special Master George L. Hastings issued the decision. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific vaccine, the date of vaccination, the alleged injury, the onset of symptoms, medical records, diagnostic tests, treatments, or any named medical experts.

Theory of causation field:
Petitioner Don Lewis filed a petition on October 25, 2016, alleging injury from a vaccine listed in the Vaccine Injury Table. The public decision does not specify the vaccine, date of vaccination, or the alleged injury. Petitioner moved for dismissal on July 19, 2017, acknowledging an inability to prove entitlement. To receive compensation, Petitioner must 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 decision does not detail the mechanism of injury, expert opinions, or specific medical evidence. Special Master George L. Hastings dismissed the case for insufficient proof of causation. The public decision does not provide an award amount or annuity terms.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01394-0
Date issued/filed: 2017-08-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/19/2017) regarding 27 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-01394-UNJ Document 31 Filed 08/21/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1394V
Filed: July 19, 2017
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
DON LEWIS, *
*
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 October 25, 2016, Don Lewis filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),1 alleging that he 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 July 19, 2017, Petitioner moved for a decision dismissing his petition,
acknowledging that he will be unable to prove he is entitled to compensation in the Program.
To receive compensation under the Program, Petitioner must prove either 1) that
Petitioner suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table –
corresponding to one of Petitioner’s vaccinations, or 2) that Petitioner 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 Petitioner suffered a “Table Injury.” Further, the
record does not contain a medical expert’s opinion or any other persuasive evidence indicating
that Petitioner’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-01394-UNJ Document 31 Filed 08/21/17 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 Petitioner suffered a “Table Injury” or that Petitioner’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