Peter Iannuzzi v. HHS - autism (2007)

Susan Iannuzzi, as parent and natural guardian for Peter Iannuzzi, filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986 on July 12, 2002. Peter Iannuzzi was born on March 29, 1998, and received a typical regimen of childhood vaccinations.

Approximately 18 months after his final vaccination, concerns about possible autism were raised. A pediatrician diagnosed Peter with autism on September 18, 2000.

The petition alleged that childhood vaccinations caused Peter's autism. The case was initially part of the Omnibus Autism Proceeding (OAP).

On November 14, 2005, the petitioner filed a notice to separate from the OAP and a motion for a ruling on the record. On December 21, 2005, Special Master Hastings dismissed the underlying causation claim, finding that Peter's medical records and expert testimony did not establish a causal connection between his childhood vaccinations and his autism.

This decision concerns the subsequent award of attorneys' fees and costs. Petitioner's counsel, Conway, Homer & Chin-Caplan (CHC), sought $317,347.18 in fees and costs.

This amount included $7,024.71 for work specific to Peter's case, $288,473.80 for general autism causation work shared across CHC's autism caseload, and $21,848.67 for litigating the fee application itself. Special Master Hastings had awarded the full $317,347.18.

The respondent moved for review of this decision. The Court of Federal Claims, Judge Futey presiding, reversed in part.

The court held that the award included impermissible interim fees for work not specifically related to Peter's petition. It also found that much of the general autism work was undertaken before the petitioner retained counsel, making it unreasonable.

Furthermore, attendance at conferences was deemed a firm overhead expense, not case-specific. The court awarded only $7,024.71, representing the fees and costs incurred specifically on Peter's petition.

The court found that the Vaccine Act does not permit interim fee awards and that the general causation work was not related to Peter's specific case, especially since no link between Peter's autism and vaccinations was established in his medical records. The court also noted that some fees were incurred before the petitioner retained counsel, which could not be considered reasonable attorneys' fees.

The public decision does not describe the specific vaccines Peter received, the specific symptoms of autism, any diagnostic tests performed beyond a developmental work-up, or the specific treatments Peter underwent. The public decision does not name any expert witnesses.

The Special Master's name was George L. Hastings, and the judge was Futey.