Alexander J. Lebrun v. HHS - Autism (2014)

Michael A. Lebrun and Suzanne M.

Lebrun, parents and guardians of Alexander J. Lebrun, a minor, filed a petition alleging that a vaccine caused autism.

This decision addresses their motion for attorneys' fees and costs. The Supreme Court's ruling in Sebelius v.

Cloer addressed the issue of attorneys' fees in untimely filed cases. Following this, respondent and petitioners' counsel agreed on a procedure for resolving fee applications in Omnibus Autism Proceedings (OAP) cases.

This case qualified for the agreement because it was filed when the minor child was 78 months of age or younger and did not fall under respondent's caveats. Respondent withdrew her objection to attorneys' fees and costs, but contested the amount.

The parties stipulated to a total award of $10,350.00, comprising $10,000.00 in attorneys' fees and costs payable jointly to petitioners and their counsel, and $350.00 in petitioners' costs payable solely to them. Judgment was to be entered in accordance with this award.