A.Z. v. HHS - Autism (2014)
Case summary [AI summaries can sometimes make mistakes]
Bozena Zarzycka and Arkadivsz Zarzycki, as parents and natural guardians of A.Z., a minor, filed a petition under the National Vaccine Injury Compensation Program. The underlying claim was identified as autism.
Special Master George L. Hastings Jr. issued an Order Concluding Proceedings on February 5, 2014, pursuant to Vaccine Rule 21(a).
On July 21, 2014, the petitioners moved for a decision adopting the parties' agreement regarding attorneys' fees and costs. Respondent's counsel indicated no objection to the petitioners' request.
Petitioners' counsel represented that he would reimburse petitioners for any personally incurred costs compensable under § 15(e)(1). Special Master Hastings granted the motion, awarding petitioners $12,699.13 in attorneys' fees and costs.
He found that the petition was brought in good faith and upon a reasonable basis, and that the requested amounts were reasonable and appropriate. The award was to be paid as a lump sum via check jointly to the petitioners and their counsel, Michael A.
London. The decision noted that this award covered all legal expenses and that attorneys are prevented from charging additional fees or costs.
The public record does not describe the specific vaccines administered, the dates of vaccination, the onset of symptoms, the clinical history, or the specific theory of autism causation. The $12,699.13 award was solely for legal fees and costs, not for vaccine injury compensation.
Theory of causation
The public text does not state the specific vaccines, vaccination dates, or the petitioner's age at vaccination for minor A.Z. The alleged condition is autism. The proceedings were concluded under Vaccine Rule 21(a) on February 5, 2014. A subsequent decision on July 21, 2014, addressed attorneys' fees and costs. Special Master George L. Hastings Jr. found the petition was brought in good faith and with a reasonable basis. An award of $12,699.13 for attorneys' fees and costs was granted, payable jointly to petitioners Bozena Zarzycka and Arkadivsz Zarzycki and their counsel, Michael A. London. This award is not vaccine-injury compensation. The public record does not describe the medical experts, the specific causation theory for autism, or any clinical facts related to the alleged injury.
Source PDFs
USCOURTS-cofc-1_03-vv-01301