# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 644 V

Filed: April 18 , 2016

* * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED

PAULA HUSOVSK Y , Natural Mother *

and Guardian for J.H., a minor, *

* Special Master Hamilton

- Fieldman

Petitioner, *

*

v. * Petitioner ’ s Motion for Dismissal

* Decision; Varicella Vaccine;

SECRETARY OF HEALTH * Persistent Rash; Gastrointestinal

AND HUMAN SERVICES, * Problems; Fibromyalgia;

* Aggravation of Pre

- Existing

Respondent. * Lymphadenit is.

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

Carol L. Gallagher , Linwood, NJ

, for Petitioner.

Sarah Duncan

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

O n June 22, 2015, Paula Husovsky (“P etitioner ”) filed a petition for compensation on

behalf of h er minor child, J.H., under the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 300aa

- 1 et seq. (2006) (“Vaccine Act”). Petitioner alleged that the adminis tration of a

v aricella vaccin e on July 13, 2012 caused J.H

. to suffer fr om persistent rash, g astro intestinal

pro blems, fibromyalgia, and aggravation of pre

- existing lymphadenitis

. The undersigned now

finds that the information in the record does not show entitlem ent to an award under the

Program.

On April 14 , 2016

, Petitioner filed a Motion for a Decision Dismissing her Petition

. According to the motion, “[a]n investigation of the facts and science supporting her case has

demonstrated to petitioner that she wi ll unable to prove she is entitled to com pensation .”

P etitioner further state s that she understand s that a dismissal decision will result in a judgment

1 Because this unpublished decision contains a reasoned explanation for the action in this case,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 and note (2006)). 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 mater ial will be deleted from public access.2 against her , and that such a judgment will end all of her rights in the Vaccine Program.

To receive compensation und er the Vaccine Act , P etit ion er must prove either 1) tha t J.H

. suffered a “Table Injury”

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

– corresponding

to her vaccination , or 2) that J.H. suffered an injury that was actually caused by a vaccine. See

§§ 300aa

- 13(a)(1)(A) and 300aa

- 11(c)(1). An examination of the record did not uncover any

evidence that J.H

. suffered a “Table Injury.” Further, the record does not contain a medical

expert’s opinion or any other persuasive evidence indicating that J.H .’s injuries were caused b y a

vaccination

.

Under the Vaccine Act, a petitioner m ay not be awarded compensation 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. § 300aa

- 13( a)(1). In this case, because the medical

records are insufficient to establish entitlement to compensation , a medical opinion must be

offered in support. Petitioner , however, has offered no such opinion.

Therefore, the only alternative remains t o DENY this petition

. Thus, this case is

dism issed for insufficient proof. In the absence of a motion for review, t he Clerk shall

enter judgment accordingly.

IT IS SO ORDERED.

/s/ Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman

Special Master