CC v. HHS - Autism (2015)

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.