N.C.A. v. HHS - other (2014)

On May 30, 2008, Matthew and Suzanne Anderson, as parents and natural guardians of N.C.A., a minor, filed a Petition for Vaccine Compensation. The petition alleged that N.C.A. was injured by a vaccine or vaccines listed on the Vaccine Injury Table.

The caption identified the underlying claim as autism. The public decision does not specify the vaccine(s) administered, the date(s) of vaccination, N.C.A.'s age at vaccination, or the specific condition alleged beyond autism.

The respondent was the Secretary of Health and Human Services. On November 4, 2014, the petitioners moved for a decision on the merits, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation.

Chief Special Master Denise K. Vowell reviewed the record.

The decision noted that to receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine. The record did not disclose evidence of a "Table Injury," nor did it contain a medical expert's opinion or other persuasive evidence indicating that N.C.A.'s alleged injury was vaccine-caused.

The public decision stated that a petitioner may not be awarded compensation based on claims alone and that the petition must be supported by medical records or a medical opinion. As the record lacked sufficient medical records or a medical opinion to demonstrate that N.C.A. was injured by a vaccine, the petition was dismissed for insufficient proof on November 5, 2014.

The public decision does not describe the onset of symptoms, specific medical tests performed, or treatments received. Following the dismissal of the claim for compensation, a separate decision addressed attorney's fees and costs.

On March 23, 2015, the parties filed a Stipulation of Fact Concerning Attorney's Fees and Costs. The stipulation indicated that petitioners had informally provided the respondent with their application for attorney's fees and costs and personal litigation costs, and after discussions, petitioners requested an amount to which the respondent did not object.

Chief Special Master Vowell found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. The total award for attorney's fees and costs was $85,000.00, payable as a lump sum check jointly to petitioners Matthew Anderson and Suzanne Anderson, and their counsel of record, Robert Krakow.

This award was intended to cover all legal expenses, including advanced costs and fees for legal services rendered.