VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_04-vv-01768
Package ID: USCOURTS-cofc-1_04-vv-01768
Petitioner: A.S.
Filed: 2004-12-13
Decided: 2015-07-08
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_04-vv-01768-0
Date issued/filed: 2015-08-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/8/15) regarding 81 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:04-vv-01768-UNJ Document 82 Filed 08/07/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 04-1768V
Filed: July 8, 2015
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ALISON SCHWARTZ *
and DAVID SCHWARTZ, *
parents of A.S., a minor, *
*
Petitioners, * Autism; Petitioners’ Motion for a
* Decision Dismissing the Petition;
v. * Insufficient Proof of Causation; Vaccine
* Act Entitlement; Denial Without Hearing
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION
On December 13, 2004, Petitioners filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),1 alleging that various
vaccinations injured A.S. The information in the record, however, does not show entitlement to
an award under the Program.
On July 8, 2015, Petitioners moved for a decision dismissing their petition,
acknowledging that they will be unable to prove they are entitled to compensation in the
Program.
To receive compensation under the Program, Petitioners must prove either 1) that A.S.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of A.S.’s vaccinations, or 2) that A.S. suffered an injury that was actually caused by a
vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not
uncover any evidence that A.S. suffered a “Table Injury.” Further, the record does not contain a
1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100
Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:04-vv-01768-UNJ Document 82 Filed 08/07/15 Page 2 of 2
medical expert’s opinion or any other persuasive evidence indicating that A.S.’s alleged injury
was vaccine-caused.
Under the Act, petitioners may not be given a Program award based solely on the
petitioners’ claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are
insufficient medical records supporting Petitioners’ claim, a medical opinion must be offered in
support. Petitioners, however, have offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that A.S. suffered a “Table Injury” or that A.S.’s injuries were “actually
caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall
enter judgment accordingly.
IT IS SO ORDERED.
s/George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_04-vv-01768-1
Date issued/filed: 2015-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/02/2015) regarding 86 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:04-vv-01768-UNJ Document 89 Filed 11/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 04-1768V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ALISON SCHWARTZ and *
DAVID SCHWARTZ, parents *
of A.S., a minor, *
*
Petitioners, *
* Filed: November 2, 2015
v. *
* Decision on Attorneys’
SECRETARY OF HEALTH AND * Fees and Costs
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION (ATTORNEY FEES AND COSTS)
In this case under the National Vaccine Injury Compensation Program,1 I issued a
decision on July 8, 2015. On November 2, 2015, the parties filed a joint stipulation of fact
concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total
payment of $31,032.63, representing attorneys’ fees and costs for work performed by the law
firm of Robert J. Krakow.
I find that this petition was brought in good faith and that there existed a reasonable basis
for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. §
300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
Accordingly, I hereby award the total $31,032.63 as a lump sum in the form of a check
payable jointly to petitioners and petitioners’ counsel, Robert J. Krakow.
1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).

Case 1:04-vv-01768-UNJ Document 89 Filed 11/24/15 Page 2 of 2
In the absence of a timely-filed motion for review filed pursuant to Appendix B of the
Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in
accordance herewith.2
IT IS SO ORDERED
/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the
right to seek review.