L.B. v. HHS - DTaP, infantile spasms (2014)

On October 7, 2013, Timothy and Jacqueline Bombard, as natural parents and guardians of their minor child L.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that L.B. suffered from infantile spasms as a result of receiving DTap, Hib, IPV, Rotavirus, and Pneumococcal vaccinations on July 11, 2011.

The petition was filed by Petitioners' counsel Thomas P. Gallagher.

The respondent was the Secretary of Health and Human Services, represented by Lisa A. Watts.

On June 12, 2014, the Petitioners moved to dismiss their own petition, stating that they lacked sufficient evidence to demonstrate entitlement to compensation. They could not prove that L.B. suffered a "Table Injury" or that the alleged injury was actually caused by a vaccine.

The public decision does not describe the specific onset of symptoms, medical records, diagnostic tests, or treatments. No medical expert opinions were offered in support of the claim.

Special Master Lisa Hamilton-Fieldman noted that under the Program, awards cannot be based solely on the petitioner's claims but must be supported by medical records or a competent physician's opinion. As there were insufficient medical records and no medical opinion presented, the Special Master found that the Petitioners failed to demonstrate entitlement.

Consequently, the case was dismissed for insufficient proof. Subsequently, on July 16, 2014, the parties filed a stipulation for attorneys' fees and costs.

Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis. An award was made for attorneys' fees and costs totaling $24,595.00, payable jointly to Petitioners and their counsel, Thomas P.

Gallagher, Esq. Additionally, out-of-pocket costs of $599.72 were awarded, payable to Petitioners.

The total award was $25,194.72.