Louviere v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 13-678V Filed: July 3, 2014 (not to be published) **************************** JOHN PATRICK LOUVIERE and * STACY MAYEAUX-LOUVIERE, * Parents of A.G.L., * a minor, * Dismissal; MMR; ITP; insufficient proof * Petitioners, * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Respondent. * **************************** DECISION1 Gowen, Special Master: On September 13, 2013, petitioners filed a petition for Vaccine Compensation in the National Vaccine Injury Compensation Program [“the Program”],2 alleging that the measles, mumps, rubella [MMR] vaccine caused their daughter A.G.L.’s idiopathic thrombocytopenic purpura [ITP].

After more extensive investigation and a status conference held on June 9, 2014, it appeared that there was insufficient proof for this petition. Accordingly, petitioners moved for a decision dismissing this petition on June 27, 2014. Petitioners’ motion is granted.

This case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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), petitioners have 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.

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.