VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_08-vv-00915
Package ID: USCOURTS-cofc-1_08-vv-00915
Petitioner: T.R.A.
Filed: 2014-12-04
Decided: 2015-04-22
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: compensated
Award amount USD: 51443

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_08-vv-00915-0
Date issued/filed: 2014-12-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/12/14) regarding 67 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.
--------------------------------------------------------------------------------
Case 1:08-vv-00915-UNJ Document 68 Filed 12/04/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-915V
Filed: November 12, 2014
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CHAD A. AESCHLIMANN and *
LAURA A. AESCHLIMANN, *
parents and natural guardians *
of T.R.A., 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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
DECISION1
On December 23, 2008, Petitioners filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that various
vaccinations injured T.R.A.
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-00915-UNJ Document 68 Filed 12/04/14 Page 2 of 2
On November 11, 2014, Petitioners moved for a decision dismissing the petition,
acknowledging that insufficient evidence exists to demonstrate entitlement to compensation.
I agree with Petitioners that the information in the record does not show entitlement to an award
under the Program.
To receive compensation under the Program, Petitioners must prove either 1) that T.R.A.
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of T.R.A.’s vaccinations, or 2) that T.R.A. 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 T.R.A. suffered a “Table Injury.” Further, the record does not contain
persuasive evidence indicating that T.R.A.’s alleged injury was vaccine-caused.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that T.R.A. suffered a “Table Injury” or that T.R.A.’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

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DOCUMENT 2: USCOURTS-cofc-1_08-vv-00915-1
Date issued/filed: 2015-04-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/31/2015) regarding 72 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:08-vv-00915-UNJ Document 75 Filed 04/22/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 08-915V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
CHAD A. AESCHLIMANN and *
LAURA A. AESCHLIMANN, *
parents and natural guardians *
of T.R.A., a minor, *
*
Petitioners, *
* Filed: March 31, 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 November 12, 2014. On March 27, 2015, the parties filed a Stipulation Regarding
Final Attorneys’ Fees and Costs in this matter. The parties’ stipulation requests a total payment
of $51,443.61, representing attorneys’ fees and costs of $48,493.61, and $2,950.00 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 $48,493.61, in the form of a check payable jointly to petitioners
and petitioners’ counsel, Robert J. Krakow, 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-00915-UNJ Document 75 Filed 04/22/15 Page 2 of 2
• a lump sum of $2,950.00, 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.