M.A.J. v. HHS - other (2014)

On October 31, 2008, Mr. and Mrs. Charley Jacobs, as parents and legal representatives of their minor child M.A.J., filed a Petition for Vaccine Compensation.

They alleged that various vaccinations injured M.A.J., and the underlying claim was identified as an autism case. The public decision does not specify the exact vaccines administered or their dates, nor does it detail the child's age at vaccination or the specific symptoms or medical condition alleged beyond the general reference to autism.

The respondent was the Secretary of Health and Human Services. On June 11, 2014, the petitioners filed a motion to dismiss their petition.

They stated that their investigation of the facts and science had shown they would be unable to prove entitlement to compensation under the National Vaccine Injury Compensation Program. Special Master George L.

Hastings Jr. reviewed the record. He found no evidence that M.A.J. suffered a "Table Injury" as defined by the Vaccine Injury Table, nor did the record contain persuasive evidence that M.A.J.'s alleged injury was actually caused by a vaccination.

Consequently, Special Master Hastings dismissed the petition for insufficient proof on June 13, 2014. The public decision does not name the petitioner's counsel or the respondent's counsel.

A subsequent decision on January 29, 2015, addressed attorneys' fees and litigation costs. The parties filed a stipulation regarding final attorneys' fees and litigation costs, requesting a total payment of $23,590.50.

Special Master George L. Hastings Jr. awarded this amount, consisting of a lump sum of $23,260.00 payable jointly to the petitioners and their counsel, Clifford J.

Shoemaker, for services performed by the law firm, and a lump sum of $330.50 payable to the petitioners for their own litigation expenses. This award was for fees and costs only, not for vaccine injury compensation.