Koren McKenzie v. HHS - Autism (2014)

Koren McKenzie, as parent and natural guardian of E.J., a minor, filed a petition under the National Vaccine Injury Compensation Program alleging that vaccinations caused autism. The respondent, the Secretary of Health and Human Services, did not concede causation, and the Chief Special Master dismissed the petition on January 17, 2014.

No vaccine-injury compensation was awarded. The parties subsequently filed a joint stipulation of facts concerning attorneys' fees and costs.

The Chief Special Master, Denise Kathryn Vowell, issued a decision on May 7, 2014, approving a stipulated award of $12,000.00. This amount was to be paid by check jointly to petitioner Koren McKenzie and her counsel, Robert J.

Krakow, for petitioner's attorney fees and costs. The Special Master found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. §§ 300aa-15(b) and (e)(1).

The award was intended to cover all legal expenses, including advanced costs and fees for legal services, and attorneys were prohibited from charging additional amounts. The decision noted that the case was not to be published.

The public decision does not describe the specific vaccines administered, the dates of vaccination, the onset of symptoms, the specific clinical progression, or any medical experts consulted.