VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01414
Package ID: USCOURTS-cofc-1_16-vv-01414
Petitioner: Marc Meyer
Filed: 2017-08-17
Decided: 2017-09-27
Vaccine: 
Vaccination date: 
Condition: 
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Marc Meyer filed a petition for vaccine compensation on August 17, 2017, alleging injury from a vaccine listed on the Vaccine Injury Table. The public decision does not specify the vaccine or the date of vaccination. Mr. Meyer moved for a decision dismissing his petition on August 15, 2017, acknowledging his inability to prove entitlement to compensation. To receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating that Mr. Meyer's injury was vaccine-caused. The petition was not supported by medical records or a physician's opinion. Consequently, the case was dismissed for insufficient proof of causation by Special Master George L. Hastings. No award was granted.

Theory of causation field:
Petitioner Marc Meyer filed a petition for vaccine compensation on August 17, 2017, alleging injury from a vaccine listed on the Vaccine Injury Table. The public text does not specify the vaccine, vaccination date, or the alleged injury. Petitioner moved to dismiss his own petition on August 15, 2017, stating he could not prove entitlement. The Special Master found no evidence of a "Table Injury" and no medical expert opinion or other persuasive evidence that the alleged injury was vaccine-caused, nor were sufficient medical records provided. The case was dismissed for insufficient proof of causation by Special Master George L. Hastings on September 27, 2017. No award was granted.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01414-0
Date issued/filed: 2017-09-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/17/2017) regarding 23 DECISION of Special Master Signed by Special Master George L. Hastings. (dj) Copy to parties.
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Case 1:16-vv-01414-UNJ Document 25 Filed 09/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1414V
Filed: August 17, 2017
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
MARC MEYER, *
*
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 27, 2016, Marc Meyer 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 August 15, 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 C.C.’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-01414-UNJ Document 25 Filed 09/27/17 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