{"package_id":"USCOURTS-cofc-1_09-vv-00480","decision_granule_id":"USCOURTS-cofc-1_09-vv-00480-1","petitioner_identifier":"DCS","is_minor":null,"age_at_vaccination":null,"age_unit_raw":null,"vaccine_type":null,"vaccination_date":null,"condition_raw":"Autism","condition_category":"ASD_autism","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2015-10-26","extraction_version":"gemini-v2","extracted_at":"2026-04-30T04:36:03.512409+00:00","number_of_concurrent_vaccines":null,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioners filed a petition for vaccine compensation on July 24, 2009, alleging injury to minor DCS by a vaccine or vaccines listed on the Vaccine Injury Table, with the condition alleged being autism. The case was dismissed on October 8, 2015, by Special Master George L. Hastings, Jr., for failure to prosecute and failure to follow court orders. The dismissal stemmed from the petitioners' inability to produce an expert medical report to support their claim of autism over a period of more than six years, despite repeated orders and extensions. The public decision does not describe the specific vaccine(s) or vaccination date(s), the age of the minor at vaccination, the specific symptoms, medical tests, treatments, or the mechanism of injury. No experts were named in the public decision. The theory of causation was based on the Vaccine Injury Table, but the case was dismissed before any evidence of causation could be presented or evaluated due to the petitioners' failure to prosecute. Petitioners' counsel, Robert J. Krakow, was awarded supplemental interim attorneys' fees and costs of $5,000.00 on August 7, 2015.","is_death":0,"date_of_death":null,"petition_filed_date":"2009-07-24","case_summary":"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.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"George L. Hastings Jr.","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Robert J. Krakow","petitioner_attorney_firm":"Law Office of Robert J. Krakow, P.C.","petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|robert-krakow|","firm_canonical_key":"law-office-of-robert-j-krakow","package_title":"SIMON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00480","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00480.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00480.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_09-vv-00480-0","title":"SIMON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 7/16/15) regarding 84 DECISION Interim Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.","date_issued":"2015-08-07","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_09-vv-00480/granules/USCOURTS-cofc-1_09-vv-00480-0/pdf","pdf_bytes":316797,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'stipulation'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_09-vv-00480/USCOURTS-cofc-1_09-vv-00480-0"},{"granule_id":"USCOURTS-cofc-1_09-vv-00480-1","title":"SIMON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/08/2015) regarding 94 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties.","date_issued":"2015-10-26","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_09-vv-00480/granules/USCOURTS-cofc-1_09-vv-00480-1/pdf","pdf_bytes":229770,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_09-vv-00480/USCOURTS-cofc-1_09-vv-00480-1"}]}