VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00763 Package ID: USCOURTS-cofc-1_14-vv-00763 Petitioner: J.B. Filed: 2014-08-22 Decided: 2015-05-21 Vaccine: Vaccination date: Condition: Autism Outcome: dismissed Award amount USD: 13500 AI-assisted case summary: 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. Theory of causation field: Petitioner Amanda Callahan, on behalf of minor J.B., alleged autism as an injury resulting from various vaccinations. The specific vaccines, dates, and J.B.'s age at vaccination are not described in the public text. Petitioner acknowledged inability to satisfy entitlement requirements, leading to a Joint Stipulation of Dismissal filed April 29, 2015. Special Master George L. Hastings dismissed the petition for insufficient proof, noting the absence of evidence for a "Table Injury" or persuasive evidence, including a medical expert opinion, that J.B.'s autism was vaccine-caused. The public text does not detail the alleged mechanism of causation. Attorneys for petitioner included Andrew D. Downing, Hennelly & Steadman, PLC, and Vann Cott & Talamante, PLLC. Attorneys for respondent were not named in the public text. Attorneys' fees and costs totaling $13,500.00 were awarded on May 7, 2015. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00763-0 Date issued/filed: 2015-05-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 4/29/15) regarding 23 DECISION Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00763-UNJ Document 28 Filed 05/21/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-763V Filed: April 29, 2015 Not to be Published * * * * * * * * * * * * * * * * * * * * * * * * * * AMANDA CALLAHAN, on * behalf of her minor child, J.B., * * Petitioner, * * Autism; Joint Stipulation of Dismissal; v. * Insufficient Proof of Causation; Vaccine * Act Entitlement; Denial Without Hearing SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION DISMISSING PETITION On August 22, 2014, Petitioner filed a Petition for Vaccine Compensation in the National Vaccine Injury Compensation Program (“the Program”),1 alleging that various vaccinations injured J.B. The information in the record, however, does not show entitlement to an award under the Program. On April 29, 2015, the parties filed a Joint Stipulation requesting dismissal of this claim. In that stipulation, Petitioner acknowledges that she will be unable to satisfy the requirements to establish entitlement to compensation in the Program. To receive compensation under the Program, Petitioner must prove either 1) that J.B. suffered a “Table Injury” – i.e., an injury falling within the Vaccine Injury Table – corresponding to one of J.B.’s vaccinations, or 2) that J.B. suffered an injury that was actually caused by a vaccine. See §§ 300aa-13(a)(1)(A) and 300aa-11(c)(1). An examination of the record did not uncover any evidence that J.B. suffered a “Table Injury.” Further, the record does not contain a 1 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:14-vv-00763-UNJ Document 28 Filed 05/21/15 Page 2 of 2 medical expert’s opinion or any other persuasive evidence indicating that J.B.’s injury was vaccine-caused. Under the Act, petitioners may not be given a Program award based solely on the petitioners’ claims alone. Rather, the petition must be supported by either medical records or by the opinion of a competent physician. § 300aa-13(a)(1). In this case, because there are insufficient medical records supporting Petitioner’s claim, a medical opinion must be offered in support. Petitioner, however, has offered no such opinion. Accordingly, it is clear from the record in this case that Petitioner has failed to demonstrate either that J.B. suffered a “Table Injury” or that J.B.’s injuries were “actually caused” by a vaccination. Thus, this case is dismissed for insufficient proof. The Clerk shall enter judgment accordingly. IT IS SO ORDERED. s/George L. Hastings, Jr. George L. Hastings, Jr. Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_14-vv-00763-1 Date issued/filed: 2015-05-29 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 5/7/15) regarding 25 DECISION Fees Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00763-UNJ Document 29 Filed 05/29/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-763V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * AMANDA CALLAHAN, on * behalf of her minor child, J.B., * * Petitioner, * * Filed: May 7, 2015 v. * * Decision on Attorneys’ SECRETARY OF HEALTH AND * Fees and Costs HUMAN SERVICES * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * DECISION (ATTORNEYS’ FEES AND COSTS) In this case under the National Vaccine Injury Compensation Program,1 I issued a decision on April 29, 2015. On May 7, 2015, the parties filed a Stipulation of Facts Regarding Final Attorneys’ Fees and Costs in this matter. The parties’ stipulation requests a total payment of $13,500.00, representing all attorneys’ fees and costs. An award for fees and costs is appropriate at this time, pursuant to 42 U.S.C. § 300aa- 15(b) and (e)(1). Further, the proposed amounts seem reasonable and appropriate. Accordingly, I hereby award the following attorneys’ fees and costs pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1): • a lump sum of $1,500.00, in the form of a check payable jointly to petitioner, Andrew D. Downing, and Hennelly & Steadman, PLC • a lump sum of $12,000.00, in the form of a check payable jointly to petitioner, Andrew D. Downing and Vann Cott & Talamante, PLLC. 1 The applicable statutory provisions defining the program are found at 42 U.S.C. § 300aa-10 et seq. (2006). Case 1:14-vv-00763-UNJ Document 29 Filed 05/29/15 Page 2 of 2 In the absence of a timely-filed motion for review filed pursuant to Appendix B of the Rules of the U.S. Court of Federal Claims, the clerk of the court shall enter judgment in accordance herewith.2 IT IS SO ORDERED /s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing the right to seek review.