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Not to be Published
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.