VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00068
Package ID: USCOURTS-cofc-1_09-vv-00068
Petitioner: CC
Filed: 2009-02-05
Decided: 2015-07-10
Vaccine: 
Vaccination date: 
Condition: Autism
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00068-0
Date issued/filed: 2015-07-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/16/2015) regarding 84 DECISION of Special Master. Signed by Special Master George L. Hastings. (tpj) Copy to parties.
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Case 1:09-vv-00068-UNJ Document 85 Filed 07/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-068V
Filed: June 16, 2015
Not to be Published
* * * * * * * * * * * * * * * * * * * * * * * * *
*
THOMAS J. CANNY and JULIA CANNY, *
parents and natural guardians *
of CC, 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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Robert J. Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for Petitioners.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION 1
On February 5, 2009, Petitioners filed a Petition for Vaccine Compensation in the
National Vaccine Injury Compensation Program (“the Program”),2 alleging that various
vaccinations injured CC. The information in the record, however, does not show entitlement to
an award under the Program.
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 1:09-vv-00068-UNJ Document 85 Filed 07/10/15 Page 2 of 2
On June 12, 2015, Petitioners moved for a decision dismissing their petition,
acknowledging “that they will be unable to prove that they are entitled to compensation in the
Vaccine Injury Compensation Program.” (Pet’rs’ Mot. Dismissing Pet. 1.)
To receive compensation under the Program, Petitioners must prove either 1) that CC
suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding
to one of CC’s vaccinations, or 2) that CC 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 CC suffered a “Table Injury.” Further, the record does not contain a
medical expert’s opinion or any other persuasive evidence indicating that CC’s injury was
vaccine-caused.
Under the Act, Petitioners may not be given a Program award based solely on the
Petitioners’ claims alone. Rather, the petition must be supported by either medical records or by
the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are
insufficient medical records supporting Petitioners’ claim, a medical opinion must be offered in
support. Petitioners, however, have offered no such opinion.
Accordingly, it is clear from the record in this case that Petitioners have failed to
demonstrate either that CC suffered a “Table Injury” or that CC’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_09-vv-00068-1
Date issued/filed: 2015-11-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/02/2015) regarding 89 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:09-vv-00068-UNJ Document 92 Filed 11/24/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-068V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
THOMAS J. CANNY and *
JULIA CANNY, parents *
of C.C., a minor, *
*
Petitioners, *
* Filed: November 2, 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 June 16, 2015. On November 2, 2015, the parties filed a joint stipulation of fact
concerning attorneys’ fees and costs in this matter. The parties’ stipulation requests a total
payment of $20,327.50, representing attorneys’ fees and costs for work performed by the law
firm of Robert J. Krakow.
I find that this petition was brought in good faith and that there existed a reasonable basis
for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. §
300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate.
Accordingly, I hereby award the total $20,327.50 as a lump sum in the form of a check
payable jointly to Petitioners and Petitioners’ counsel, Robert J. Krakow.
1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2012).

Case 1:09-vv-00068-UNJ Document 92 Filed 11/24/15 Page 2 of 2
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.