VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_06-vv-00165
Package ID: USCOURTS-cofc-1_06-vv-00165
Petitioner: W.O.J.
Filed: 2014-08-20
Decided: 2014-08-20
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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.

Theory of causation field:
Petitioners alleged that various vaccinations caused autism in the minor child W.O.J. The petition was filed on March 3, 2006. On August 19, 2014, petitioners moved to dismiss their own petition, stating that their investigation revealed they could not prove entitlement to compensation, as they would be unable to prove either a "Table Injury" or that the alleged injury was "actually caused" by a vaccination. Special Master George L. Hastings dismissed the petition for insufficient proof of causation. No specific vaccines, vaccination dates, age at vaccination, specific symptoms, medical tests, treatments, or expert witnesses were detailed in the public decision. A subsequent stipulation for attorneys' fees and costs totaling $35,087.51 was approved on November 21, 2014, based on a finding of good faith and a reasonable basis for the claim, pursuant to 42 U.S.C. § 300aa-15(e)(1). The decision was issued by Special Master George L. Hastings on August 20, 2014, with the fee decision on January 6, 2015. Attorneys for petitioners were Robert J. Krakow.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_06-vv-00165-0
Date issued/filed: 2014-09-15
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/20/2014) regarding 108 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:06-vv-00165-UNJ Document 109 Filed 09/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-165V
Filed: August 20, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
LAIRD R. JONES and *
SVITLANA V. BUDZHAK-JONES, *
legal representatives of a *
minor child, W.O.J, *
*
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 1
On March 3, 2006, petitioners filed a Petition for Vaccine Compensation in the National
Vaccine Injury Compensation Program (“the Program”),2 alleging that various vaccinations
injured W.O.J.. The information in the record, however, does not show entitlement to an award
under the Program.
On August 19, 2014, Petitioners filed a Motion for a decision dismissing their petition.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to
post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify
and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that
provision, I will delete such material from public access.
2 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 1:06-vv-00165-UNJ Document 109 Filed 09/15/14 Page 2 of 2
To receive compensation under the Program, Petitioners must prove either 1) that W.O.J.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of W.O.J.’s vaccinations, or 2) that W.O.J. 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 W.O.J. suffered a “Table Injury.” Further, the record does not contain
any persuasive evidence indicating that W.O.J.’s alleged injury was vaccine-caused.
Further, Petitioners’ own Motion acknowledges that their “investigation of the facts and
available science” has demonstrated that they will be unable to prove that they are entitled to
compensation in the Vaccine Program.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that W.O.J. suffered a “Table Injury” or that W.O.J.’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_06-vv-00165-1
Date issued/filed: 2015-01-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/24/2014) regarding 113 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:06-vv-00165-UNJ Document 116 Filed 01/06/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 06-165V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
LAIRD R. JONES and *
SVITLANA V. BUDZHAK-JONES, *
legal representatives of a *
minor child, W.O.J., *
*
Petitioners, *
* Filed: November 24, 2014
v. *
* Decision on Attorney’s
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 August 20, 2014. On November 21, 2014, the parties filed a joint stipulation of fact
concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total
payment of $35,087.51, representing attorney’s 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 $35,087.51 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. (2006).

Case 1:06-vv-00165-UNJ Document 116 Filed 01/06/15 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.