I.J.H. v. HHS - autism spectrum disorder (ASD) or similar disorder (2014)

Joseph and Lynette Hasson, as parents and guardians for their minor child I.J.H., filed a petition alleging that vaccinations administered between November 1993 and March 1995 caused I.J.H. to develop an autism spectrum disorder (ASD). The petition was filed on January 4, 2004.

The respondent argued the petition was untimely filed, as symptoms of ASD were noted as early as September 1995. The petitioners contended the statute of limitations did not begin to run until I.J.H.'s diagnosis of Asperger syndrome on June 19, 2001.

The case was stayed pending the outcome of the Omnibus Autism Proceeding (OAP) test cases. After the OAP concluded, the court reviewed the timeliness arguments.

Ultimately, the court dismissed the case on September 12, 2013, finding it was untimely filed. This decision addresses the petitioners' subsequent motion for attorneys' fees and costs, awarding a reduced amount of $32,835.67, finding the claim was brought in good faith and with a reasonable basis until the legal question of timeliness was settled by appellate decisions.