J.B. v. HHS - Autism (2015)
Case summary [AI summaries can sometimes make mistakes]
Amanda Callahan, on behalf of her minor child J.B., filed a petition for vaccine compensation on August 22, 2014, alleging that various vaccinations injured J.B. The petition specifically alleged autism as the injury.
The public decision does not describe the specific vaccines administered, the dates of vaccination, or J.B.'s age at the time of vaccination. On April 29, 2015, the parties filed a Joint Stipulation requesting dismissal of the claim.
Petitioner acknowledged that she would be unable to satisfy the requirements to establish entitlement to compensation under the National Vaccine Injury Compensation Program. The Special Master noted that to receive compensation, the petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine.
An examination of the record did not uncover evidence of a "Table Injury," nor did it contain a medical expert's opinion or other persuasive evidence indicating that J.B.'s injury was vaccine-caused. The Special Master found that the record lacked sufficient medical records supporting the petitioner's claim and that no medical opinion was offered in support.
Consequently, the case was dismissed for insufficient proof. On May 7, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs, requesting a total payment of $13,500.00.
Special Master George L. Hastings awarded this amount for attorneys' fees and costs, with $1,500.00 payable jointly to petitioner Andrew D.
Downing and Hennelly & Steadman, PLC, and $12,000.00 payable jointly to petitioner Andrew D. Downing and Vann Cott & Talamante, PLLC.
The public decision does not describe the specific symptoms, medical tests, or treatments related to J.B.'s condition.
Source PDFs
USCOURTS-cofc-1_14-vv-00763