THOMAS L. GOWEN, Special Master.
On October 20, 2016, Alexis Farrell ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.
On May 16, 2017, petitioner filed a motion for a decision dismissing her petition. Petitioner's Motion (ECF No. 12). The motion provided that "[a]n investigation of the facts and available science supporting her case has demonstrated to Petitioner that she will be unable to prove that she is entitled to compensation in the Vaccine Program." Petitioner's Motion at ¶ 2. Petitioner understands that a decision by the special master dismissing her petitioner will result in a judgment against her, which will end all her rights in the Vaccine Program.
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 the vaccination.
An examination of the records did not uncover any evidence that petitioner suffered a "Table Injury," or any persuasive evidence that petitioner's alleged injuries were caused by the November 6, 2013, flu vaccine. During the initial status conference on March 22, 2017, I identified two main issues that needed to be addressed by way of additional records or explanation. First, there appear to be no medical records during the initial time period after the vaccine until June 4, 2014. Second, a medical record from the date of vaccination states that petitioner had an episode of syncope, palpitations, and fainting the month prior. Petitioner's Exhibit 2 at 37. Another record from June 4, 2014, notes that petitioner "reports that for the past
Accordingly, it is clear from the record in this case that petitioner has failed to demonstrate either that she suffered a "Table Injury" or that the injuries were "actually caused" by the November 6, 2013, flu vaccine.