# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: June 28, 2018

* * * * * * * * * * * * * * P AUL INE HARDY, * No. 17-232V

* Petitioner, * Special Master Sanders * v. * * Dismissal; Insufficient Proof; SECRETA RY OF HEALTH * Influenza (“flu”) Va ccine; AND HUMAN SERVICES, * Shoulder Injuries * Respondent. * * * * * * * * * * * * * * * Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Glenn A. MacLeod, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On February 17, 2017, Pauline Hardy (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that she suffered right shoulder injuries as a result of an influenz a (“flu”) vaccination she received on November 5, 2015. Pet. at 1, ECF No. 1. The information i n the record, however, does not show entitlement to an award under the Program.

On June 28, 2018, Petitioner submitted a Motion to Dismiss her petition. ECF No. 32. In h er Motion, Petitioner conceded that “[a]n investigation of the facts and science supporting her case have demonstrated to Petitioner that she will be unable to prove that she is entitled to

compensa tion in the Vaccine Program.” Id. at 1.

1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Mana gement and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party 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, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2

To r eceive compensation under the Program, Petitioner must prove either (1) that she suffered a “Table Injury”—i.e., an injury falling within the Vaccine Injury Table—corresponding to the vaccination, or (2) that she suffered an injury that was actually caused by a vaccine. See §§ 13(a )(1)(A), 11(c)(1). An examination of the record did not uncover any evidence that Pe titioner suffered a “Table Injury.” Further, the record does not contain persuasive evidence that Petitioner’s alleged injury was caused by the flu vaccine.

Unde r the Act, petitioners may not be given a Program award based solely on their claims alone. Rather, the petition must be supported by medical records or the opinion of a competent physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s claim, and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must be dismissed for insufficient proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master