W.O.J. v. HHS - Autism (2014)

On March 3, 2006, Laird R. Jones and Svitlana V.

Budzhak-Jones, as legal representatives of a minor child, W.O.J., filed a Petition for Vaccine Compensation. The petition alleged that various vaccinations caused injury to W.O.J., specifically autism.

After an investigation, the petitioners filed a motion on August 19, 2014, requesting that their petition be dismissed. They stated that their investigation of the facts and available science demonstrated they would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program.

Special Master George L. Hastings reviewed the record and found no persuasive evidence that W.O.J. suffered a "Table Injury" (an injury listed in the Vaccine Injury Table) or that the alleged injury was actually caused by a vaccination.

Consequently, the Special Master dismissed the petition for insufficient proof of causation. The Clerk was directed to enter judgment accordingly.

Subsequently, on November 21, 2014, the parties filed a joint stipulation for attorneys' fees and costs. Special Master Hastings approved a total payment of $35,087.51, representing attorney's fees and costs for work performed by the law firm of Robert J.

Krakow. The Special Master 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 award was to be paid as a lump sum to petitioners and their counsel. The underlying autism claim remained dismissed.