T.R.A. v. HHS - Autism (2015)
Case summary [AI summaries can sometimes make mistakes]
On December 23, 2008, Chad A. Aeschlimann and Laura A.
Aeschlimann, parents and natural guardians of T.R.A., a minor, filed a Petition for Vaccine Compensation alleging that various vaccinations injured T.R.A. The petition alleged that vaccinations caused autism.
On November 12, 2014, the Petitioners moved for a decision dismissing the petition, acknowledging that insufficient evidence existed to demonstrate entitlement to compensation. Special Master George L.
Hastings, Jr. agreed with the Petitioners, finding that the record did not contain evidence of a "Table Injury" or persuasive evidence that T.R.A.'s alleged injury was vaccine-caused. Accordingly, the case was dismissed for insufficient proof of causation.
Subsequently, on March 27, 2015, the parties filed a Stipulation Regarding Final Attorneys’ Fees and Costs. On April 22, 2015, Special Master George L.
Hastings, Jr. issued a decision approving a total payment of $51,443.61. This amount included $48,493.61 in attorneys' fees and costs payable jointly to petitioners and their counsel, Robert J.
Krakow, and $2,950.00 for petitioners' own litigation expenses. The public decision does not describe the specific vaccines administered, the date(s) of vaccination, the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioners alleged that childhood vaccinations caused autism in the minor, T.R.A. The case was dismissed for insufficient proof of causation, as the record did not contain evidence of a "Table Injury" or that the alleged injury was "actually caused" by a vaccination, according to Special Master George L. Hastings, Jr. The parties subsequently stipulated to a final award of $51,443.61, comprising $48,493.61 in attorneys' fees and costs payable to petitioners and their counsel, Robert J. Krakow, and $2,950.00 in petitioners' litigation expenses. The public decision does not specify the vaccines, dates, age at vaccination, specific injury onset, medical tests, treatments, or the proposed mechanism of causation. The outcome was compensated via stipulation for fees and costs after dismissal for insufficient proof of entitlement.
Source PDFs
USCOURTS-cofc-1_08-vv-00915