# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 208 V

Filed: February 17, 2016

Unp ublished

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

TAMIE BLESI, *

*

Petitioner, * Petitioner’s Motion for a Decision

* Dismissing Her Petition; Influenza (“Flu”)

v. * Vaccine; Shoulder Injury; Insufficient

* Proof of Causation; Vaccine Act

SECRETARY OF HEALTH AND * Entitlement; Denial Without Hearing

HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respond ent. *

*

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

Maximillian Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Traci Patton , U.S. Department of Justice, Washington, DC, for respondent.

DECISION 1

Dorsey

, Chief Special Master:

On March 2, 2015, Tamie Blesi (“petitioner”) filed a petition for compensation

under the National Vaccine I njury Compensation Program, 42 U.S.C. §300aa

- 10, et

seq

. 2 (the “Vaccine Act” or “Program”)

. 3 Petitioner alleges that she suffered an injury to

her left shoulder as a result of an influenza vac cination she received on December 4,

2012. Petition at ¶¶ 1

- 12. The information in the record does not show entitlement to

an award under the Program.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends to post it 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 Management and Promotion of

Electronic Government Services) . In accordance with Vaccine Rule 18(b), petitioner has 14 days to

identify and move to redact medical or other information, the disclosure of which would constitute an

unwarra nted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits

within this definition, the undersigned will redact such material 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).

3 The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.2 On February 15, 2016 , petitioner moved for a decision dismissing her petition,

acknowledging that insufficient evidence exists to demonstrate entitlement to

compensation. (ECF No. 26). Petitioner indicated in her motion that “[a] n investigation

of the facts and science supporting h er case ha [ s ] demonstrated to p etitioner that s he

will be unable to prove that s he is entitled to compensation in the Vaccine Program. ” Id.

Petitioner further indicated that she “ understands that a decision by the [undersigne d]

dismissing h er petition will result in a judgment against her

. [Sh e ] has been advised

that such a judgment will end all of h er rights in the Vaccine Program. ” Id.

To receive 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

–

corres ponding to a covered vaccine, or 2) that she suffered an injury that was actually

caused by a covered vaccine. See §§ 13(a)(1)(A) and 11(c)(1). Examination of th e

record does not disclose any evidence that petitioner suffered a “Table Injury.” Further,

the record does not contain a medical expert’s opinion or any other persuasive eviden ce

indicating that petitioner ’s alleged injury was vaccine

- caused.

Under the Vaccine Act, a petitioner may not be awarded compensation based on

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

medical records or by a medical opinion. § 13 (a)(1). In this case, the record does not

contain medical records or a medical opinion sufficient to demonstrate that the vaccinee

was injured by a vaccine. For these reasons, and in ac cordance with § 12(d)(3)(A),

petitioner ’ s claim for compensation is denied and t his case is dismissed for

insufficient proof. T he Clerk s hall enter judgment accordingly

. 4

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.