Moxley v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 06-213V Filed: May 9, 2017 Not to be Published

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* ERIC MOXLEY and * JAYNNA MOXLEY, parents * of M.M.M., a minor, *

* 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. *

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DECISION

On March 17, 2006, Eric Moxley and Jaynna Moxley filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”), 1 alleging that M.M.M. 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 May 5, 2017, Petitioners moved for a decision dismissing their petition, acknowledging that they will be unable to prove that they are entitled to compensation in the Program.

Accordingly, I conclude from the record in this case that Petitioners have failed to demonstrate either that M.M.M. suffered a “Table Injury” or that M.M.M.’s injury was “actually caused” by a vaccination. Thus, this case is dismissed. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master