# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

Filed: November 6, 2019

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

MORGAN ADELE GARRISON

, * UNPUBLISHED

*

Petitioner, * No. 1 9

- 11 61 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Motion for Dismissal Decision;

AND HUMAN SERVICES, * Me ning ococcal B

.

*

Respondent. *

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

R uss ell W. Le wis, IV , Johnson Law Group , Nashville, TN

, for petitioner.

Colleen C. Hartley , United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On August 9 , 201 9

, Morgan Adele Garrison (“petitioner”) filed a petition in the National

Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that as a re sult

of a meningo coccal B vaccin e received on August 9, 2016

, she suffered injuries including vision

change, nausea, num bness in her legs and feet, co gnitive changes, allergies, headaches, and a

we aken ed immune s ystem. See generally id. The information in the record, does not establish

entitlement to compensation.

On November 5 , 2019 , petitioner filed a motion for a decision dismissing the petition.

Petitioner’s Motion (“Pet. Mot.”) (ECF No. 12 ). After giving due consideration to the issues

r aised by the special master at the initial status conference and upon additional investigation of

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). An objecting party must provide the court with a proposed redacted version of the

opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 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

the facts and science supporting her cas e , petitioner has chose n to file th is motion. Id. at ¶ 1. I n

making this choi ce, petitioner ha s cons idered her personal circumstances, and the resources of

the Court, the respondent, and the Vaccine Program. Id. at ¶ 2. Petitioner understands that a

decision by the special master dismissing her petition will result in a judgment against her and

that such a judgment will end all of her rights in the Vaccine Program. Id. at ¶ 3. Petitioner

understands that she may apply for fees and costs once the case is dismissed and judgment is

entered against her. Id. at ¶ 4. Respondent expressly reserves the right to question the good faith

and reasonable basis of this claim and to oppose, if appropriate, petitioner’s application for fees

and costs. Respondent otherwise does not oppose the motion. Id. at ¶ 5

. Petitioner has not

determined whether she will elect to re ject th e Vaccine P rogram judgment and elect to file a civil

action. Id. at ¶ 6

.

To receive compensation in the Vaccine Program, petitioner has the burden of prov ing

either: (1) that petitioner suffered a “Table Injury,” i.e., an injury beginning within a specified

period of time following receipt of a corresponding vaccine listed on the Vaccine Injury Table (a

“Table injury”) or (2) that petitioner suffered an injury that was caused

- in

- fact by a covered

vaccine. §§ 13(a)(1)(A); 11(c)(1). Moreover, u nder the Vaccine Act, the Vaccine Program may

not award compensation based on petitioner’s claims alone . Rather, petitioner must support the

claim with either medical records or the opinion of a competent medical expert . § 13(a)(1). In

this case, petitioner has not alleged nor does the record reflect a Table injury. With regard to an

off

- Table injury, petitioner has not provided medical records or expert opinion(s) which support

a finding of entitlement. Accordingly, petitioner has not met her burden of pro of.

Thus, petitioner’s motion is GRANTED . This matter is DISMISSED for insufficient

proof. The Clerk of the Court shall enter judgment accordingly. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).