D.R. v. HHS - other (2014)

Daniella Castillo and Daniel Ruiz, parents of D.R., filed a petition for vaccine compensation on May 16, 2013, alleging D.R. was injured by a vaccine. The petition did not specify the vaccine type, date, or the alleged injury.

On January 8, 2014, the petitioners moved for a decision on the merits, acknowledging insufficient evidence to demonstrate entitlement to compensation. The court 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, nor did it include a medical expert's opinion or other persuasive evidence indicating a vaccine-caused injury. Consequently, the court dismissed the petition for insufficient proof of causation.

Subsequently, on May 29, 2014, petitioners filed a motion for attorney fees and costs, which was granted by the Chief Special Master on July 8, 2014, awarding $3,197.06 in fees and costs, finding the petition was brought in good faith with a reasonable basis.