B.E. v. HHS - MMR, Pervasive Developmental Disorder-Not Otherwise Specified (PDD-NOS) (2014)

Jessica and Kain Engels, parents of B.E., filed a petition for vaccine compensation on November 15, 2007, alleging that B.E. suffered a neurodevelopmental disorder, specifically Pervasive Developmental Disorder-Not Otherwise Specified (PDD-NOS), as a result of vaccinations received on November 23, 2004. The initial petition opted into the Omnibus Autism Proceeding.

An amended petition alleged that the MMR, Hib, varicella, and influenza vaccines caused an adverse reaction including fever, seizure, vomiting, and altered mental status, followed by residual effects of developmental delay. Following a fact hearing, the Chief Special Master found B.E.'s contemporaneous medical records more reliable than the petitioner's testimony and determined that the petitioner failed to demonstrate a Table Injury or that the injuries were vaccine-caused.

Consequently, the petition was dismissed for insufficient proof on January 13, 2014. Subsequently, on May 28, 2014, the court awarded $43,335.47 in attorneys' fees and costs, and a supplemental award of $5,814.00 was made on July 22, 2014, for a total award of $49,149.00.