Moxley v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: June 12, 2017
• Docket: 06-213
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 06-213V Filed: May 9, 2017 Not to be Published

************************* * ERIC MOXLEY and * JAYNNA MOXLEY, parents * of M.M.M., a minor, * * Petitioners, * Petitioners’ Motion for a * Decision Dismissing the Petition; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * *************************

DECISION

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

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. caused” by a vaccination. Thus, this case is dismissed. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.

s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master