Koren McKenzie v. HHS - Autism (2014)

Filed 2014-05-07Decided 2014-05-30Vaccine vaccine
compensated$12,000cognitive/developmental

Case summary [AI summaries can sometimes make mistakes]

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.

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 30, 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The decision noted that the case was not to be published.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.

Theory of causation

The petition alleged that childhood vaccinations caused autism in the minor E.J. The parties reached a joint stipulation for compensation, and the case was resolved with an award of $12,000.00 for attorneys' fees and costs, payable to the petitioner and her counsel, Robert J. Krakow. The respondent denied causation. The public decision does not specify the vaccine(s) involved, the vaccination dates, the alleged mechanism of injury, or any medical experts or evidence presented regarding causation. The award was made pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1) after the Chief Special Master found the petition was brought in good faith with a reasonable basis. The decision was issued by Chief Special Master Denise Kathryn Vowell on May 30, 2014.

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