Chandra Hiland v. HHS - DTaP, Sudden Infant Death Syndrome (SIDS) (2015)

Chandra Hiland filed a petition on behalf of her infant daughter, Lillyen Hiland, alleging that the DTaP, IPV, Hib, PCV, and Rotavirus vaccinations administered on July 30, 2008, caused Lillyen's death on August 5, 2008. The petition was timely filed within the statutory period.

Initially, the case proceeded with legal representation, and an interim award for attorneys' fees and costs was granted. However, the petitioner's counsel withdrew from the case, and after being unable to secure new representation, the petitioner requested dismissal.

The case was dismissed on May 31, 2012. Subsequently, the petitioner's former counsel filed a motion regarding attorneys' fees and costs, leading to a remand for further consideration of whether the claim had a reasonable basis.

The Special Master reviewed the initial basis for the claim, noting Lillyen's enlarged organs, fussiness, rash, and the timing of her death relative to vaccination. Ultimately, the Special Master concluded that while there was a reasonable basis for the petition up to the point counsel withdrew, the dismissal was based on the lack of medical expert opinion to substantiate the allegations.

The decision awarded previously determined interim attorneys' fees and costs, totaling $18,113.34 to Conway, Homer & Chin-Caplan, PC, $1,638.00 to Buxbaum, Daue & Fitzpatrick, PLLC, and $365.04 to the petitioner.