Frank Harris, parent of Jordan Harris v. HHS - DTaP, seizure disorder (2014)
Case summary [AI summaries can sometimes make mistakes]
On January 24, 2007, Frank Harris, as parent of minor Jordan Harris, filed a petition for compensation. The petition alleged that Jordan Harris received a diphtheria-tetanus-acellular pertussis (DTaP) vaccination on May 7, 2004, and subsequently developed a seizure disorder, which the petitioner contended was caused by the vaccination.
The respondent, the Secretary of Health and Human Services, did not concede causation. A decision denying compensation was issued on May 27, 2011.
The Court of Federal Claims reversed this decision and remanded for a determination of damages. Subsequently, a decision awarding damages was issued based on the parties' proffer on January 18, 2013.
However, on January 28, 2014, the Federal Circuit reversed the ruling by the Court of Federal Claims, finding that Mr. Harris was not entitled to compensation under the Vaccine Act.
Despite the denial of compensation, the petitioner was eligible for attorneys' fees and costs because the petition was brought in good faith and had a reasonable basis, as supported by the Court's 2011 Opinion directing compensation. The petitioner requested a total of $241,668.55 in attorneys' fees and costs.
Following discussions and a stipulation of fact concerning attorneys' fees and costs, the respondent did not object to a total award of $225,321.60 for attorneys' fees, costs, and petitioner's costs. Special Master Christian J.
Moran awarded a lump sum payment of $225,071.60 for attorneys' fees and costs, payable to petitioner's attorney, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and petitioner Frank Harris.
Additionally, a lump sum payment of $250.00 was awarded to petitioner Frank Harris. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
The attorneys for the petitioner were Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., and for the respondent was Voris E.
Johnson, United States Department of Justice.
Theory of causation
Petitioner alleged that the DTaP vaccine administered on May 7, 2004, caused a seizure disorder in Jordan Harris. The respondent did not concede causation. The case proceeded through multiple appeals and remands. Ultimately, compensation was denied by the Federal Circuit on January 28, 2014. However, attorneys' fees and costs were awarded based on a finding that the petition was brought in good faith with a reasonable basis. The final award for attorneys' fees and costs, to which the respondent did not object, was $225,321.60, comprising $225,071.60 for attorneys' fees and costs and $250.00 for petitioner's costs. Special Master Christian J. Moran issued the decision on fees and costs on June 27, 2014. The public decision does not detail the specific medical experts, the proposed mechanism of injury, or the specific evidence that supported or refuted the theory of causation beyond the procedural history and the final award of fees and costs.
Source PDFs
USCOURTS-cofc-1_07-vv-00060