VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00798 Package ID: USCOURTS-cofc-1_10-vv-00798 Petitioner: A.H. Filed: 2014-11-12 Decided: 2015-02-03 Vaccine: Vaccination date: Condition: Autism Outcome: compensated Award amount USD: 34338 AI-assisted case summary: 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. Theory of causation field: Petitioners Alex and Jane Higdon, parents of minor A.H., filed a petition alleging autism resulting from various vaccinations. The petition was filed on November 12, 2014. The petitioners later moved to dismiss their petition on November 17, 2010, stating they could not prove entitlement. 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." The record also did not include a medical expert’s opinion or other persuasive evidence of vaccine causation. The Special Master dismissed the case for insufficient proof. A subsequent joint stipulation for attorney's fees and costs was filed on January 8, 2015. Special Master George L. Hastings awarded $34,338.96 for attorney's fees and costs, finding the petition was brought in good faith with a reasonable basis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00798-0 Date issued/filed: 2014-12-04 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/12/14) regarding 70 DECISION of Special Master Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00798-UNJ Document 71 Filed 12/04/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-798V Filed: November 12, 2014 Not to be Published * * * * * * * * * * * * * * * * * * * * * * * * * * ALEX HIGDON and JANE HIGDON, * parents of A.H., a minor, * * Petitioners, * Autism; Petitioners’ Motion for a * Decision Dismissing the Petition; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION 1 On November 17, 2010, petitioners filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),2 alleging that various vaccinations injured A.H. The information in the record, however, does not show entitlement to an award under the Program. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99- 660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:10-vv-00798-UNJ Document 71 Filed 12/04/14 Page 2 of 2 On November 12, 2014, petitioners moved for a decision dismissing their petition, acknowledging that they will be unable to prove they are entitled to compensation in the Program. To receive compensation under the Program, petitioners must prove either 1) that A.H. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of A.H.’s vaccinations, or 2) that A.H. suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that A.H. suffered a “Table Injury.” Further, the record does not contain a medical expert’s opinion or any other persuasive evidence indicating that A.H.’s alleged injury was vaccine-caused. Under the Act, petitioners may not be given a Program award based solely on the petitioners’ claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are insufficient medical records supporting petitioners’ claim, a medical opinion must be offered in support. Petitioners, however, have offered no such opinion. Accordingly, it is clear from the record in this case that petitioners have failed to demonstrate either that A.H. suffered a “Table Injury” or that A.H.’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_10-vv-00798-1 Date issued/filed: 2015-02-03 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 01/09/2015) regarding 74 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00798-UNJ Document 78 Filed 02/03/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-798V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * ALEX HIGDON and * JANE HIGDON, parents * of A.H, a minor, * * Petitioners, * * Filed: January 9, 2015 v. * * Decision on Attorney’s SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION (ATTORNEY FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on November 12, 2014. On January 8, 2015, the parties filed a joint stipulation of fact concerning attorney’s fees and costs in this matter. The parties’ stipulation requests a total payment of $34,338.96, representing attorney’s fees and costs for work performed by the law firm of Robert J. Krakow. I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award the total $34,338.96 as a lump sum in the form of a check payable jointly to petitioners and petitioners’ counsel, Robert J. Krakow. 1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:10-vv-00798-UNJ Document 78 Filed 02/03/15 Page 2 of 2 In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith.2 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.