# In the Unit ed States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: July 31, 2019

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JULIA WELLS

, * No. 18

- 381 V

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Petitioner, * Special Master Sanders

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v. *

*

SECRETARY OF HEALTH * Dismissal; Insufficient Proof;

AND HUMAN SERVICES, * Influenza ( “ Flu ” ) Vaccine ; Hearing Loss

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Respondent. *

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DECISION 1

On March 12, 2018, Julia Wells ( “ Petitioner ” ) filed a petition for compensation under the

National Vaccine Injury Compensation Program 2 (“Vaccine Program” or “Program”). 42 U.S.C.

§ 300aa

- 10 to 34 (2012). Petitioner alleged that she suffered hearing loss as a result of the

influenza ( “ flu ” ) va ccine she received on September 27, 2017. Am. Pet. at 1, ECF No. 15. The

information in the record , however, doe s not show entitlement to an award un d er the Program.

On July 31, 2019, Petitioner filed a motion to voluntarily dismiss her petition. 3 ECF No.

28. In her motion, Petiti oner noted that he r decision to voluntarily dismiss her petition “ is based

on in dependent fact or (s) outside of Respondent ’ s position. ” Id. at 1. Petitioner further stated that

she had discussed this matter with counsel and “ is dismissing [her petition based ] on her own

independent knowledge. ” Id.

1 This decision shall be posted 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). This means the Decision will be available to anyone with access to

the Internet . 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 cri teria 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 provisi on, such material

will be deleted from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99

- 660, 100 Stat. 3755 (“the Vaccine Act”

or “Act”). Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pe rtinent

subparagraph of 42 U.S.C. § 300aa (2012).

3 Petitioner and her counsel appeared together for a status conference on July 23, 2019, during which

Petitioner indicated that , based on conversations with her counsel regarding the strengths and weaknesses

of her case, she had determined that she did not wish to continue in the Program. ECF No. 27; Min.

Entry , docketed July 23, 2019.2

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

— corresponding

to the vaccination, or ( 2) that she suffered an injury that was actually caused by a vaccine. See §§

13(a)(1)(A), 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 evidenc e that

Petitioner’s alleged injury was caused by the flu vaccine.

Under the Act, petitioners may not be given a Program award based solely on their claims

alone. Rather, the petition must be supported by medical records or the opinion of a compet ent

physician. § 13(a)(1). In this case, the medical records are insufficient to prove Petitioner’s claim,

and Petitioner has not filed a supportive opinion from an expert witness. Therefore, this case must

be dismissed for insufficient proof. The Clerk sh all enter judgment accordingly

. 4

IT IS SO ORDERED.

s/Herbrina D. Sanders

Herbrina D. Sanders

Special Master

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

renouncing the right to seek review.