E.L.M. v. HHS - autism spectrum disorder (ASD) (2014)

Bob and Carmel Mooney, parents of E.L.M., a minor child, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2005. By filing a short-form petition, they joined the Omnibus Autism Program, asserting that E.L.M. had an autism spectrum disorder (ASD) and that a vaccine was causal.

After the conclusion of the OAP test cases, the petitioners amended their petition to allege a Table encephalopathy. However, the court determined that the evidence failed to establish a Table encephalopathy.

The petitioners were ordered to show cause why the case should not be dismissed, and after further proceedings, the case was dismissed on December 19, 2013, for failure to establish entitlement to compensation. The petitioners did not file a motion for review.

On April 23, 2014, they applied for attorney's fees and costs, which were awarded in the amount of $44,089.37, as the claim was brought in good faith and upon a reasonable basis.