# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1195V (Not to be Published)

* * * * * * * * * * * * * * * * * * * * * * * * * * * DEBORAH BOHM, * * * Filed: March 2, 2016 Petitioner, * * v. * Petitioner’s Motion for a Decision * Dismissing the Petition; Vaccine Act SECRETARY OF HEALTH * Entitlement; Denial Without Hearing. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Diana S. Sedar

, Maglio Christopher and Toale, PA , Sarasota, FL, for Petitioner.

Robert P. Coleman , III , U.S. Dep’t of Justice, Wa shington, DC, for Respondent.

DECISION DISMISSING CAS E FOR INSUFFICENT PROOF 1

On October 14, 2015, Deborah Bohm filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”), 2 alleging that influenza

vaccination that she received on or about November 1, 2012, caused her to suffer from Chronic

1 Because this decision contains a reas oned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 200 2, Pub. L. No. 107-347, § 205, 116Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the published decisions inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days with in which to request redaction “of any information furnished by that party: (1) that is a trade secr et or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or simila r files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherw ise, the whole decision will be available to the public. Id

.

2 The Vaccine Program comprises Part 2 of the National Chil dhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended, 42 U.S.C. §§ 300 aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereaf ter will be to § 300aa of the Act.2 Inflammatory Demyelinating Polyneuropathy (“CIDP ”) and that her symptoms persisted for more

than six months.

After some medical records relevant to Petitioner’s case were filed ( see ECF Nos. 9 and 10), Petitioner filed an unopposed motion on Februa ry 26, 2016, requesting a decision dismissing her claim (ECF No. 11). In it, Petitioner stated th at “[a]n investigation of the facts and science supporting her case had demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program.” ECF No. 11.

To receive compensation under the Vaccine Pr ogram, a petitioner must prove either (1) that she suffered a “Table Injury” – i.e., an in jury falling within the Vaccine Injury Table – corresponding to one of his vaccinat ions, or (2) that she suffered an injury that was actually caused by a vaccine. See Sections 13(a)(1)(A) and 11(c)(1). An ex amination of the record, however, does not uncover any evidence that Petit ioner suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinio n or any other persuasive eviden ce indicating th at the alleged injury that Petitioner experien ced could have been caused or significantly aggravated by the vaccination that she received on November 1, 2012. And the filed medical records do not support

Petitioner’s claim.

Under the Vaccine Act, a petitioner may not be given a Vaccine Program award based solely on her claims alone. Rather, the petition mu st be supported by either medical records or by the opinion of a competent physician. Section 13(a)(1). In this case, there is insufficient evidence in the record for Petitioner to meet her burden of proof. Petitioner’s claim therefore cannot succeed and must be dismissed. Section 11(c)(1)(A).

Thus, this case is dismissed for insuffici ent proof. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master