A.S. v. HHS - Autism (2015)
Case summary [AI summaries can sometimes make mistakes]
On December 13, 2004, Alison Schwartz and David Schwartz, as parents of A.S., a minor, filed a petition for vaccine compensation alleging that various vaccinations injured A.S. The case caption identifies the matter as an autism case.
The public decision does not specify the vaccines administered, the dates of vaccination, the onset date of the alleged injury, or the clinical history of A.S. On July 8, 2015, the Petitioners filed a motion requesting that their petition be dismissed, acknowledging that they would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.
Special Master George L. Hastings Jr. reviewed the record and found no evidence that A.S. suffered a "Table Injury," which is an injury listed in the Vaccine Injury Table corresponding to a vaccination.
Furthermore, the record did not contain a medical expert's opinion or any other persuasive evidence indicating that A.S.'s alleged injury was actually caused by a vaccine. The Special Master noted that under the Vaccine Act, awards cannot be based solely on petitioners' claims and must be supported by medical records or a physician's opinion.
As the petitioners offered no such medical opinion and the medical records were insufficient, the Special Master dismissed the case for insufficient proof. Judgment was entered accordingly.
On November 2, 2015, the parties filed a joint stipulation concerning attorneys' fees and costs. They requested a total payment of $31,032.63 for work performed by the law firm of Robert J.
Krakow. Special Master Hastings found that the petition was brought in good faith and had a reasonable basis.
He awarded the requested amount of $31,032.63 as a lump sum, payable jointly to the petitioners and their counsel, Robert J. Krakow.
This award was for attorneys' fees and costs, not for vaccine injury compensation.
Theory of causation
Petitioners Alison and David Schwartz, on behalf of minor A.S., filed a petition on December 13, 2004, alleging injury from various unspecified vaccinations, with the case captioned as autism. The public decision does not specify the vaccines, vaccination dates, age at vaccination, onset of symptoms, or clinical details. On July 8, 2015, Petitioners moved to dismiss, stating they could not prove entitlement. Special Master George L. Hastings Jr. dismissed the case on July 8, 2015, finding insufficient proof because there was no evidence of a "Table Injury" and no medical expert opinion or other persuasive evidence demonstrating actual vaccine causation. The public text does not name any medical experts or describe a specific mechanism of causation. A subsequent decision on November 2, 2015, addressed attorneys' fees and costs. A joint stipulation requested $31,032.63 for work by Robert J. Krakow's firm. Special Master Hastings awarded this amount for fees and costs on November 2, 2015, finding good faith and a reasonable basis for the claim, but no injury compensation was awarded.
Source PDFs
USCOURTS-cofc-1_04-vv-01768