A.H. v. HHS - Autism (2015)

Alex and Jane Higdon, parents of A.H., a minor, filed a petition for vaccine compensation on November 12, 2014, alleging that A.H. suffered from autism due to various vaccinations. The petition was filed under the National Vaccine Injury Compensation Program.

On November 17, 2010, the petitioners moved for a decision dismissing their own petition, acknowledging they would be unable to prove entitlement to compensation under the Program. Special Master George L.

Hastings noted that to receive compensation, petitioners must prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not contain evidence of a "Table Injury." Furthermore, the record did not include a medical expert’s opinion or any other persuasive evidence indicating that A.H.'s alleged injury was vaccine-caused.

The Special Master found that the petition must be supported by medical records or the opinion of a competent physician, and that petitioners had offered no such opinion. Consequently, the case was dismissed for insufficient proof.

Subsequently, on January 8, 2015, the parties filed a joint stipulation for attorney's fees and costs. Special Master George L.

Hastings found that the petition was brought in good faith with a reasonable basis and awarded $34,338.96 for attorney's fees and costs, payable jointly to the petitioners and their counsel, Robert J. Krakow.