A.S. v. HHS - Autism (2015)

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.