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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 4

- 1107 V

Filed: S eptember 22 , 2016

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

M ICHELLE and MATTHEW *

SMITH, parents of M.S., a minor

, * UNPUBL ISHED

*

* Special Master Hamilton

- Fieldman

Petitioner s

, *

v. * Dismissal; G ardasil ;

* P remature Ovarian Insufficiency

.

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

T ara C. O ’ Mahoney

, L aw Offices of Chicago

- Kent College of Law

, C hica go, IL

, for P etitioner s

. Debra A. Filteau Begley , United States Dep ar t ment of Justice, Washington, DC for R espondent.

DECISION 1

On N ovember 13, 2014

, P etitioner s filed a p etition on behalf of her minor child, M .S.

, for

c ompensation in the National Vaccine Injury Compensation Program [“the Program”], 2 alleging

that a series of Gardasil vaccination s received on N ovember 12, 2010

, November 14, 2011,

February 3, 2012, and N ovember 16, 2012 , caused M .S. to suffer p remature ovarian insufficiency

. The information in the record, however, 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 intend s to post this decision 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

Ru le 18(b), petitioner 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 decisi on. If, upon review, I agree that the identified

material fits within the requirements of that provision, I will delete such material from public

access.

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

No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa

- 10 et seq. (hereinafter

“Vaccine Act” or “the Act”). Hereafter, individual section references w ill be to 42 U.S.C. § 300aa

of the Act.2

On S eptember 22, 2016 , P etitioner s moved for a decision dismissing this petition, stating

that after “ [a]n investigation of the fact s and science , a hearing on onset, and expert reports,

Petitioners believe they will be unable to prove that they are entitled to compensation in the

Vaccine Program. ” Motion Dismissing the Petition (“Motion”) at ¶ 1 , filed S ept 2 2 , 2016

. Respondent does not oppose Petitioners ’ motion. Id. at ¶ 4.

To receive compensatio n unde r the Program, P etitioner s must prove either 1) that M .S.

suffered a “Table Injury”

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

— corresponding

to the vaccination, or 2) that M .S

. suffered an injury that was actually caused by a vaccine. See

§§ 1 3(a)(1)(A) and 11(c)(1). An examination of the record did not uncover any evidence that M .S.

suffered a “Table Injury.” Further, the record does not contain persuasive evidence indicating that

M .S. ’ s alleged i njury was caused by the Gardasil vaccinations

.

U nder the Act, P etitioner s may not be given a Program award based solely on the

P etitioner s ’ claims alone. Rather, the petition must be supported by either medical records or by

the opinion of a competent physician. § 13(a)(1). In this case, because the medical records and

expert reports are insufficient to prove Petitioners ’ claim, this case must be dismissed for

insufficient proof. T he Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

s / L isa Hamilton

- Fieldman

L isa Hamilto n

- Fieldman

Special Master