In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

AFTON J. MONTGOMERY, * 

Individually and on behalf of * No. 14-824V

her minor child, CADEN J. BENOIT, * Special Master Christian J. Moran 

 * 

 Petitioner, * Filed: April 25, 2016 

 * 

v. * 

 * Decision dismissing case;

SECRETARY OF HEALTH * order to show cause

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Craig S. Watson, Baton Rouge, LA, for petitioner; 

Adriana R. Teitel, United States Dep’t of Justice, Washington, D.C., for 

respondent. 

UNPUBLISHED DECISION DENYING COMPENSATION1

Afton J. Montgomery, individually and on behalf of her minor child, Caden 

J. Benoit, filed a petition under the National Childhood Vaccine Injury Act, 42 

U.S.C. §300a-10 et. seq., on September 5, 2014. Her petition alleged that Caden

“developed the mumps, including having a swollen left check with knots,” and 

“suffered from mouth sores, speech delay, developmental delay, otalgia and 

hearing loss” following the routine childhood vaccinations he received on 

September 8, 2011. Pet. at 1. The information in the record, however, does not 

show entitlement to an award under the Program.

 1

 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this ruling on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website. 
2 

I. Procedural History

A detailed procedural history of this case can be found in the order to show 

cause, filed February 26, 2016. In that order, Ms. Montgomery was instructed to 

show cause as to why her case should not be dismissed by April 22, 2016. Ms. 

Montgomery responded to the order on April 21, 2016. 

In her response to the order, Ms. Montgomery stated that she wrote a letter 

and provided medical records to her expert, Jacqueline E. Jones, as directed by the 

court. However, after reviewing the records, Dr. Jones’s opinion is that the 

vaccines administered to Caden are not linked to his hearing loss. In addition, Ms. 

Montgomery stated that she has no other legal theories and/or experts that can

opine that the vaccinations caused Caden’s hearing loss.

II. Analysis

To receive compensation under the National Vaccine Injury Compensation 

Program (hereinafter “the Program”), a petitioner must prove either 1) that he

suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – 

corresponding to one of his vaccinations, or 2) that he 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 Caden suffered a 

“Table Injury.” Thus, Ms. Montgomery is necessarily pursuing a causation-in-fact 

claim. 

Under the Act, a 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. § 300aa-13(a)(1). In 

this case, because the medical records do not support petitioner’s claim, a medical 

opinion must be offered in support. Ms. Montgomery, however, has offered no 

such opinion. Accordingly, it is clear from the record in this case that Ms. 

Montgomery has failed to demonstrate either that Caden 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.

 

Any questions may be directed to my law clerk, Shannon Proctor, at (202) 

357-6350. 
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IT IS SO ORDERED. 

 

s/Christian J. Moran

 Christian J. Moran

 Special Master