Senon Walters v. HHS - other (2013)

On May 9, 2006, Jheanelle Walters, as parent of minor Senon Walters, filed a petition under the National Vaccine Injury Compensation Program alleging that Senon had been injured by various vaccinations. The case was assigned to Special Master George L.

Hastings Jr. The respondent, the Secretary of Health and Human Services, filed a Rule 4 Report on August 7, 2006, asserting that the petition lacked particularity and required materials.

Over the subsequent years, the petitioner filed medical records and changed counsel, with Richard Gage eventually substituted as counsel of record on July 15, 2011. Special Master Hastings issued multiple orders, including one on September 16, 2010, requiring the petitioner to provide a reliable medical expert's opinion to establish a medical theory of causation, a logical sequence of cause and effect, and a proximate temporal relationship between the vaccination and the alleged injury.

The petitioner did not initially respond and later requested extensions. On July 18, 2012, the petitioner filed a status report indicating that additional testing had been performed on Senon and that results were pending.

Genetic testing results were filed on February 1, 2013. After further extensions and an order to show cause, the petitioner's counsel filed a Motion for a Decision Dismissing the Petition on April 22, 2013.

Special Master Hastings issued a decision dismissing the case on May 2, 2013, for insufficient proof of causation. Subsequently, on May 10, 2013, the petitioner's counsel filed a Motion for Award of Final Attorneys’ Fees and Reimbursement of Costs, seeking $8,616.91.

The respondent opposed certain elements of the request. On August 22, 2013, Special Master Hastings issued a decision awarding attorneys' fees and costs.

He determined that while the petitioner was unsuccessful on the merits, the petition was filed in good faith with a reasonable basis, justifying an award of fees. The Special Master reduced the requested amount, awarding a total of $7,222.41 in attorneys' fees and costs, payable jointly to the petitioner and her counsel, Richard Gage.

An additional $325.00 in client costs was awarded, payable to the petitioner. The decision does not detail the specific vaccinations, the alleged injury, the onset of symptoms, medical tests other than genetic testing, treatments, or the specific medical expert opinions that were lacking.