MOXLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 06-213V.

ERIC MOXLEY and JAYNNA MOXLEY, parents of M.M.M., a minor, Petitioners, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Federal Claims.

Editors Note
Applicable Law: 42 U.S.C. § 300
Cause: 42 U.S.C. § 300 Vaccine Injury Act
Nature of Suit: 492 Injury - Thimerosal
Source: PACER


Attorney(s) appearing for the Case

ERIC MOXLEY, Petitioner, represented by Robert Joel Krakow , Law Office of Robert J. Krakow, P.C..

JAYNNA MOXLEY, represented by Robert Joel Krakow , Law Office of Robert J. Krakow, P.C..

M.M.M.,, Petitioner, represented by Robert Joel Krakow , Law Office of Robert J. Krakow, P.C..

SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Voris Edward Johnson , U. S. Department of Justice.


Not to be Published

DECISION

GEORGE L. HASTINGS, Jr., Special Master.

On March 17, 2006, Eric Moxley and Jaynna Moxley filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program ("the Program"),1 alleging that M.M.M. was injured by a vaccine listed in the Vaccine Injury Table. See § 14. The information in the record, however, does not show entitlement to an award under the Program.

On May 5, 2017, Petitioners moved for a decision dismissing their petition, acknowledging that they will be unable to prove that they are entitled to compensation in the Program.

Accordingly, I conclude from the record in this case that Petitioners have failed to demonstrate either that M.M.M. suffered a "Table Injury" or that M.M.M.'s injury was "actually caused" by a vaccination. Thus, this case is dismissed. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

FootNotes


1. 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 will be to 42 U.S.C. § 300aa of the Act.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases