1 

# In the United States Court of **Federal Claims** 

OFFICE OF SPECIAL MASTERS

No. 13

- 640V

Filed: October 22

, 2014

[Not to be published]

* * * * * * * * * * * * * * * * * * * * * * *

JEFFREY A REID *

*

Petitioner, * Dismissal; Hep B;

v. * Multiple Sclerosis (“MS”)

*

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * *

Gerald L. Timmerwilke

, Blickhan, Timmerwilke, Woodworth & Larson, Quincy, IL for

petitioner.

Darryl R.Wishard

, U.S. Dept. of Justice, Washington, DC for respondent.

DECISION 1

Gowen, Special Master:

On September 3, 2013, petitioner filed a petition for Vaccine Compensation in the

National Vaccine Injury Compensation Program [“the Program”], 2 alleging that a series

1 Because this unpublished decision contains a reasoned explanation for the action in this case,

the undersigned intends 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.2 of Hepatitis B vaccinations on August 5, 2008, September 13, 2009, and September 26,

2010 caused him to develop Multiple Sclerosis (“MS”)

. Petition at ¶¶ 4, 8. The

information in the record, however, does not show entitlement to an award under the

Program. On October 20, 2014, petitioner moved for a decision dismissing his petition.

To receive compensation under the Program, petitioner must prove either 1) that

he suffered a “Table Injury”

— i.e., an injury falling within the Vaccine Injury Table

— corresponding to one or more of his vaccinations, or 2) that he suffered an injury that was

actually caused by a vaccine or vaccines. See §§ 13(a)(1)(A) and 11(c)(1). An

examination of the record did not uncover any evidence that petitioner suffered a “Table

Injury.” Further, the record does not contain persuasive evidence indicating that

petitioner’s alleged injury was caused by the Hepatitis B vaccine.

Under the Act, petitioner may not be given a Program award based solely on the

petitioner’s claims alone. Rather, the petition must be supported by either medical

records or by the opinion of a competent physician. § 13(a)(1). In this case, because

there are insufficient medical records supporting pe titioner’s claim, a medical opinion

must be offered in support. Petitioner, however, has offered no such opinion that

supports a finding of entitlement.

Accordingly, it is clear from the record in this case that petitioner has failed to

demonstrate either that he suffered a “Table Injury” or that his 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/ Thomas L. Gowen

Thomas L. Gowen

Special Master