VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00780 Package ID: USCOURTS-cofc-1_08-vv-00780 Petitioner: M.A.J. Filed: 2008-10-31 Decided: 2014-06-13 Vaccine: Vaccination date: Condition: Outcome: dismissed Award amount USD: AI-assisted case summary: 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. Theory of causation field: Petitioners alleged that various vaccinations injured minor M.A.J., with the underlying claim identified as autism. The specific vaccines, vaccination dates, and M.A.J.'s age at vaccination are not detailed in the public decision. Petitioners moved to dismiss their petition on June 11, 2014, acknowledging that their investigation of the facts and science demonstrated an inability to prove entitlement to compensation. Special Master George L. Hastings Jr. dismissed the petition on June 13, 2014, finding no "Table Injury" and no persuasive evidence of actual vaccine causation. No specific medical experts or competing medical theories were detailed in the public decision. Attorneys' fees and costs totaling $23,590.50 were awarded on January 29, 2015, to petitioners and their counsel, Clifford J. Shoemaker, representing fees and costs only, not an award for injury compensation. The decision was issued by Special Master George L. Hastings Jr. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_08-vv-00780-0 Date issued/filed: 2014-07-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/13/14 ) regarding 70 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:08-vv-00780-UNJ Document 71 Filed 07/08/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 08-780V Filed: June 13, 2014 Not to be Published * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. and Mrs. CHARLEY JACOBS, * as parents and legal representatives * of M.A.J., a minor, * * Petitioners, * Autism; Petitioners’ Motion for a * Decision Dismissing the Petition; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION 1 On October 31, 2008, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that various vaccinations injured M.A.J.. The information in the record, however, does not show entitlement to an award under the Program. On June 11, 2014, Petitioners filed a Motion for a decision dismissing their petition. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:08-vv-00780-UNJ Document 71 Filed 07/08/14 Page 2 of 2 To receive compensation under the Program, Petitioners must prove either 1) that M.A.J. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of M.A.J.’s vaccinations, or 2) that M.A.J. suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that M.A.J. suffered a “Table Injury.” Further, the record does not contain any other persuasive evidence indicating that M.A.J.’s alleged injury was vaccine-caused. Further, Petitioners’ own Motion acknowledges that their “investigation of the facts and science” has demonstrated that they will be unable to prove that they are entitled to compensation in the Vaccine Program. Accordingly, it is clear from the record in this case that Petitioners have failed to demonstrate either that M.A.J. suffered a “Table Injury” or that M.A.J.’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_08-vv-00780-1 Date issued/filed: 2015-02-25 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 1/29/2015) regarding 76 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:08-vv-00780-UNJ Document 77 Filed 02/25/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 08-780V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. and Mrs. CHARLIE JACOBS, * as parents and legal representatives * of M.A.J., a minor, * * Petitioners, * * Filed: January 29, 2015 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on June 13, 2014. On January 28, 2015, the parties filed a Stipulation Regarding Final Attorneys’ Fees and Litigation Costs in this matter. The parties’ stipulation requests a total payment of $23,590.50, representing attorneys’ fees and costs of $23,260.00, and $330.50 of costs expended by petitioners. An award for fees and costs is appropriate at this time, pursuant to 42 U.S.C. § 300aa- 15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1): • a lump sum of $23,260.00, in the form of a check payable jointly to petitioners and petitioners’ counsel, Clifford J. Shoemaker, on account of services performed by counsel’s law firm. 1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:08-vv-00780-UNJ Document 77 Filed 02/25/15 Page 2 of 2 • a lump sum of $330.50, in the form of a check payable to petitioners, which represents petitioners’ own litigation expenses in this case. In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith.2 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.