United States Court of Federal Claims, 2014

Jacobs v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 8, 2014 · George L. Hastings

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 08-780V Filed: June 13, 2014 Not to be Published

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* Mr. and Mrs. CHARLEY JACOBS, * as parents and legal representatives * of M.A.J., a minor, *

* Petitioners, * Autism; 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. *

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DECISION

On October 31, 2008, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that various vaccinations injured M.A.J.. The information in the record, however, does not show entitlement to an award under the Program.

On June 11, 2014, Petitioners filed a Motion for a decision dismissing their petition. To receive compensation under the Program, Petitioners must prove either 1) that M.A.J. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of M.A.J.’s vaccinations, or 2) that M.A.J. 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 M.A.J. suffered a “Table Injury.” Further, the record does not contain any other persuasive evidence indicating that M.A.J.’s alleged injury was vaccine-caused.

Further, Petitioners’ own Motion acknowledges that their “investigation of the facts and science” has demonstrated that they will be unable to prove that they are entitled to compensation in the Vaccine Program.

Accordingly, it is clear from the record in this case that Petitioners have failed to demonstrate either that M.A.J. suffered a “Table Injury” or that M.A.J.’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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 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.

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