A.C. v. HHS - DT, pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection (PANDAS) (2014)

Allison and Steven Council, as parents and guardians for their minor son A.C., filed a petition on April 19, 2013, alleging that the diphtheria-tetanus (DT) and inactivated polio (IPV) vaccines A.C. received on July 14, 2011, aggravated his condition known as pediatric autoimmune neuropsychiatric disorders associated with streptococcal infection (PANDAS). The petitioners submitted medical records and an affidavit, and later additional records.

Respondent filed a report on November 8, 2013, concluding that the petitioners failed to meet the criteria for a Vaccine Table injury and could not demonstrate by a preponderance of the evidence that A.C.'s PANDAS was aggravated by the vaccines. Respondent also disputed whether PANDAS is a medically recognizable injury and argued that petitioners did not present evidence of the expected course of A.C.'s condition or a medical theory connecting any flare-ups to the vaccines.

After their expert advised on April 14, 2014, that he was unable to conclude that the vaccines caused or aggravated A.C.'s PANDAS, the petitioners moved for a decision dismissing their petition on May 20, 2014, stating that further proceedings would be an unreasonable expenditure of resources. Special Master Christian J.

Moran issued a decision on June 10, 2014, finding no evidence that A.C. suffered a Table Injury or that his condition was actually caused by a vaccination, and therefore dismissed the petition for insufficient proof. Subsequently, on August 12, 2014, Special Master Christian J.

Moran awarded attorneys' fees and costs in the amount of $42,240.98, as the petitioners brought their petition in good faith and had a reasonable basis for proceeding, and respondent did not object to the stipulated amount. Petitioners were represented by Carol L.

Gallagher, and respondent was represented by Gordon E. Shemin.