Kristin Cooper v. HHS - Hepatitis B, anaphylactic shock and epilepsy (2016)

Filed 2013-10-29Decided 2016-04-25Vaccine Hepatitis B
dismissed

Case summary [AI summaries can sometimes make mistakes]

Kristin Cooper filed a petition on behalf of her minor daughter, S.W., alleging that a Hepatitis B vaccination on November 8, 2010, caused anaphylactic shock and epilepsy. Respondent argued against compensation, stating the medical records did not support the claims of anaphylactic shock or epilepsy within the Table timeframe, nor did they establish causation.

The petitioner's counsel later informed the court they would not proceed further, and despite opportunities to find alternate counsel or proceed pro se, the petitioner remained unresponsive. Consequently, the case was dismissed for insufficient proof on October 23, 2015.

Subsequently, petitioner's counsel applied for attorneys' fees and costs, arguing the claim was brought in good faith with a reasonable basis. The Special Master found a reasonable basis existed based on the temporal association between the vaccination and subsequent symptoms suggestive of apnea, cardiopulmonary collapse, and possible seizures, as noted by treating physicians.

However, since the case was dismissed, no compensation was awarded. The court awarded attorneys' fees and costs totaling $20,255.60.

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