RCB v. HHS - Autism (2016)

On November 27, 2006, Robert T. Bevill and Janice Bevill, parents and natural guardians of a minor child identified as RCB, filed a Petition for Vaccine Compensation.

They alleged that RCB was injured by a vaccine or vaccines listed on the Vaccine Injury Table. The case was assigned to Special Master George L.

Hastings, Jr. The public decision does not specify the vaccine(s) or the date(s) of vaccination, nor does it detail the alleged condition beyond the general category of Autism.

The Petitioners' counsel was Richard Gage. The Secretary of Health and Human Services was the Respondent, represented by counsel not named in the public text.

Special Master Hastings issued a decision on September 14, 2015, dismissing the petition. The dismissal was based on the Petitioners' failure to prosecute the case and failure to follow court orders.

Over a period of more than eight years, Petitioners were unable to produce an expert report to support their claim. Despite multiple orders to file an expert report, and numerous granted enlargements of time, the report was never filed.

The Special Master issued several Orders to Show Cause due to the delays and failure to comply with court directives. Petitioners repeatedly sought additional medical testing for RCB and consultations with potential experts, requesting suspensions of proceedings, which were sometimes granted temporarily but always with a directive to file the expert report by a specific deadline.

The final deadline for the expert report was July 15, 2015. Petitioners did not file the report by this date, nor did they request further time.

Instead, they submitted a status report indicating ongoing efforts for testing and expert consultations. The Special Master then ordered a written statement from their expert explaining the relevance of the requested testing and providing a plausible reason to expect a viable expert opinion.

Petitioners failed to file this statement or any other response by the September 3, 2015 deadline. Consequently, the petition was dismissed for failure to prosecute and failure to follow court orders.

Following the dismissal, on January 4, 2016, the parties filed a joint stipulation concerning attorneys' fees and costs. Special Master Hastings issued a decision on January 29, 2016, awarding fees and costs.

He found that the Petition was filed and pursued in good faith and with a reasonable basis. The total award was $7,267.25, comprising $7,107.25 for attorneys' fees and costs incurred by counsel's law firm, and $250.00 for costs expended by the Petitioners.

A lump sum of $7,017.25 was payable jointly to Petitioners and their counsel, Richard Gage. A lump sum of $250.00 was payable to Petitioners for their own litigation expenses.

The public decision does not describe the specific mechanism of injury alleged or any expert testimony presented.