T.J.R. v. HHS - pervasive developmental disorder (2018)

J.K.R. and J.R. filed a petition on behalf of their son, T.J.R., alleging that vaccines received during his first year of life caused him to suffer from pervasive developmental disorder. The petition was filed on March 5, 2009.

The petitioners sought interim attorney's fees and costs, initially requesting $6,211.92. Respondent opposed the motion, arguing that the claim lacked a reasonable basis and that many requested costs were unreimbursable medical expenses.

The case was later dismissed on August 31, 2017, following the dismissal of the J.M. omnibus proceeding, to which petitioners had agreed to be bound. On July 12, 2018, petitioners renewed their motion for attorney fees and costs.

The court determined that the claim had a reasonable basis, despite the lack of compensation, because it asserted a theory distinct from those ruled out in prior omnibus proceedings and was supported by medical records and expert testimony. However, the court classified the majority of the requested costs ($5,983) as past unreimbursable expenses, which could not be awarded because no compensation was granted.

The court did award $228.92 for the cost of medical records requests and postage, finding these costs reasonable and reimbursable. The final award for attorneys' fees and costs was $228.92.