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Not to be Published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