Robert Lauder v. HHS - Pneumococcal, Table encephalopathy, or in the alternative, a causation-in-fact encephalopathy, leading to her death (2017)

Robert Lauder, as administrator of the estate of his minor child K.L., filed a petition on November 8, 2006, alleging that the DPT, IPV, HiB, and Prevnar vaccinations K.L. received on January 3, 2003, caused her to suffer encephalopathy, leading to her death on January 16, 2003. The case was initially filed as a Table encephalopathy claim, or in the alternative, a causation-in-fact encephalopathy.

After several transfers and a status conference on June 21, 2016, where the court indicated a lack of sufficient evidence for petitioner to prevail, petitioner filed a motion to dismiss on August 13, 2016. The petition was dismissed on August 17, 2017.

Subsequently, on March 20, 2017, petitioner filed a motion for attorneys' fees and costs. The court awarded petitioner $85,876.67 in attorneys' fees and costs, finding the petition was brought in good faith and had a reasonable basis up to the June 21, 2016 status conference.