J.A.V. v. HHS - encephalopathy (2014)
Case summary [AI summaries can sometimes make mistakes]
On December 11, 2008, Luis Vergara and Jackeline Mora Angarita, as parents and natural guardians of minor J.A.V., filed a petition for vaccine compensation. They alleged that J.A.V. suffered from encephalopathy, claiming that one or more vaccines received in April 2007 caused an autism spectrum disorder.
The respondent is the Secretary of the Department of Health and Human Services. On August 12, 2014, Chief Special Master Denise Kathryn Vowell issued a decision regarding interim attorney fees and costs.
The parties had filed a Stipulation of Fact Concerning Interim Attorneys’ Fees and Costs on July 11, 2014, agreeing to an award of $44,190.90. Petitioners were represented by Donald Gerstein of Richard Gage, P.C., and respondent was represented by Justine Daigneault of the U.S.
Department of Justice. The award was structured as a lump sum of $43,670.57 payable jointly to petitioners and their counsel for attorney fees and costs, and a lump sum of $520.33 payable to petitioners for costs incurred.
On September 10, 2014, Chief Special Master Vowell issued a decision on the merits of the case. In a prior Ruling on Facts and Order dated May 5, 2014, the Special Master had rejected the petitioners' contention that J.A.V.'s encephalopathy constituted a "Table injury" and also rejected some of their testimony.
Petitioners were ordered to file an expert report by July 14, 2014, later extended to September 12, 2014, to address their causation claim that vaccines received in April 2007 caused an autism spectrum disorder. On September 9, 2014, petitioners filed a Motion for Decision Dismissing Petition.
To receive compensation, petitioners must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a physician's opinion. The record did not contain evidence of a "Table Injury," nor did it include a medical expert's opinion or other persuasive evidence that J.A.V.'s alleged injury was vaccine-caused.
The public decision does not describe the specific vaccines received, the onset of symptoms, specific medical tests performed, or treatments administered. Consequently, the case was dismissed for insufficient proof.
The Special Master noted that awards cannot be based solely on petitioners' claims but require supporting medical records or a physician's opinion, neither of which was provided.
Theory of causation
Petitioners Luis Vergara and Jackeline Mora Angarita filed a petition on December 11, 2008, on behalf of minor J.A.V., alleging that vaccines received in April 2007 caused encephalopathy and an autism spectrum disorder. The Special Master's decision of September 10, 2014, noted that the record did not contain evidence of a "Table Injury" or a medical expert's opinion or other persuasive evidence that J.A.V.'s alleged injury was vaccine-caused. Petitioners were ordered to file an expert report to address their causation claim but failed to do so. The case was dismissed for insufficient proof. An interim award of attorney fees and costs totaling $44,190.90 was granted on August 12, 2014, based on a stipulation between petitioners' counsel Donald Gerstein and respondent's counsel Justine Daigneault.