T.C. v. HHS - Autism (2014)

Richard Curley and Theresa Curley, as parents of T.C., a minor, filed a petition under the National Vaccine Injury Compensation Program. The underlying claim alleged autism.

Chief Special Master Denise K. Vowell had previously dismissed the case on October 24, 2013.

On May 12, 2014, the parties filed a stipulation for attorney fees and costs, along with a statement that the petitioners had incurred no personal litigation costs. Following informal discussions, the petitioners amended their request for fees and costs to an amount to which the respondent did not object.

Chief Special Master Vowell found that the petition had been brought in good faith and with a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1). The proposed amount was deemed reasonable.

Accordingly, on May 13, 2014, Chief Special Master Vowell awarded a total of $28,885.44 in attorney fees and costs. This amount was to be paid by check jointly to the petitioners and their counsel of record, Robert Krakow.

The decision was later made public on June 16, 2014, with the minor child's name redacted to initials, as requested by the petitioners. This award represented legal fees and costs, not compensation for vaccine injury.

The public decision does not describe the specific vaccine(s), vaccination date(s), clinical history, onset of symptoms, expert testimony, or the specific reasons for the initial dismissal of the underlying claim.