CC v. HHS - Autism (2015)
Case summary [AI summaries can sometimes make mistakes]
On February 5, 2009, Thomas J. Canny and Julia Canny, parents and natural guardians of CC, a minor, filed a Petition for Vaccine Compensation alleging that various vaccinations injured CC.
The case proceeded under the post-OAP framework. The public decision does not describe the specific vaccinations, the date(s) of vaccination, CC's age at vaccination, or the specific condition alleged beyond autism.
The respondent was the Secretary of Health and Human Services. On June 12, 2015, Petitioners moved for a decision dismissing their petition, acknowledging they would be unable to prove entitlement to compensation.
Petitioners' counsel was Robert J. Krakow.
Respondent's counsel was Traci R. Patton.
Special Master George L. Hastings presided over the case.
Petitioners were required to prove either a "Table Injury" corresponding to a vaccination or that CC suffered an injury actually caused by a vaccine. The record did not contain evidence of a "Table Injury." Furthermore, the record lacked a medical expert's opinion or other persuasive evidence indicating a vaccine-caused injury.
The public decision does not describe the specific medical records or the lack thereof, nor does it detail any specific symptoms, medical tests, or treatments. Because Petitioners failed to demonstrate a "Table Injury" or that CC's injuries were "actually caused" by a vaccination, the case was dismissed for insufficient proof.
Subsequently, on November 2, 2015, the parties filed a joint stipulation concerning attorneys' fees and costs. Special Master George L.
Hastings found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The parties stipulated to a total payment of $20,327.50 for attorneys' fees and costs for work performed by the law firm of Robert J.
Krakow. Special Master Hastings awarded the total amount of $20,327.50 as a lump sum, payable jointly to Petitioners and Petitioners' counsel.
Theory of causation
Petitioners alleged that childhood vaccinations caused autism in the minor child CC. The case was dismissed for insufficient proof of causation. Petitioners were unable to establish either a "Table Injury" or that the alleged injury was "actually caused" by a vaccination, as required by the National Childhood Vaccine Injury Act. The public decision notes the absence of a medical expert's opinion or other persuasive evidence to support the claim of vaccine causation. The case proceeded under the post-OAP framework, and the dismissal aligns with the outcomes of OAP test cases decided against petitioners. The specific mechanism of causation was not described in the public decision. Attorneys for Petitioners were Robert J. Krakow, and for Respondent, Traci R. Patton. Special Master George L. Hastings issued the decision dismissing the petition on July 10, 2015, and the decision on attorneys' fees and costs on November 24, 2015. A stipulation for attorneys' fees and costs totaling $20,327.50 was awarded.
Source PDFs
USCOURTS-cofc-1_09-vv-00068