DCS v. HHS - Autism (2015)

On July 24, 2009, Adam C. Simon and Nicole M.

Simon, parents and natural guardians of DCS, a minor, filed a petition for vaccine compensation alleging that DCS was injured by a vaccine or vaccines listed on the Vaccine Injury Table. The case proceeded for over six years.

During this time, the petitioners were repeatedly ordered to file an expert medical report to support their claim of autism. Despite numerous extensions and status reports filed over the years, the petitioners failed to produce the required expert report.

On March 2, 2015, petitioners' counsel filed a status report indicating they would soon file a motion for interim attorneys' fees and costs and a motion to withdraw as counsel. The Special Master noted the pending withdrawal and put the pro se petitioners on notice that they would need to represent themselves and should proceed with efforts to obtain an expert medical report.

Following the withdrawal of counsel, the Special Master reiterated the instruction to the pro se petitioners to file a medical doctor's opinion by July 30, 2015. On July 29, 2015, the petitioners filed a status report requesting additional time.

On August 7, 2015, a decision was issued awarding supplemental interim attorneys' fees and costs of $5,000.00, payable jointly to the petitioners and their counsel, Robert J. Krakow.

On October 8, 2015, the Special Master issued a decision dismissing the petition. The dismissal was based on the petitioners' failure to prosecute the case and failure to follow court orders, specifically their inability to produce an expert report in support of their claim for over six years.

The petitioners were given a final warning that failure to file an expert report by October 5, 2015, would result in dismissal. The petitioners did not file a timely expert report nor request further time.

The Special Master, George L. Hastings, Jr., dismissed the petition for failure to prosecute and failure to follow court orders.