{"package_id":"USCOURTS-cofc-1_90-vv-01473","decision_granule_id":"USCOURTS-cofc-1_90-vv-01473-cl6643845","petitioner_identifier":"Brandon Wells","is_minor":1,"age_at_vaccination":2.0,"age_unit_raw":"years","vaccine_type":"DPT","vaccination_date":"1984-06-03","condition_raw":"encephalopathy, mental retardation and a residual developmental delay","condition_category":"developmental_delay_regression","autism_spectrum_adjacent":1,"outcome":"dismissed","award_amount_usd":null,"decision_date":"1993-06-22","extraction_version":"gemini-v2","extracted_at":"2026-04-30T14:09:03.240526+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":null,"theory_of_causation":"Petitioner alleged that a DPT vaccination administered on June 3, 1984, to minor Brandon Wells caused encephalopathy, mental retardation, and residual developmental delay. The public text indicates the medical records suggested a potential \"Table\" injury, but the petitioner failed to provide the required expert opinion to substantiate causation. The case was voluntarily dismissed with prejudice. Subsequently, the petitioner sought attorney's fees and costs, which Special Master Laura D. Millman awarded in the amount of $4,956.69, finding the petition was brought in good faith and had a reasonable basis, despite the lack of a favorable expert opinion and the dismissal of the claim on the merits. The Court of Federal Claims affirmed this award, holding that attorney's fees and costs are a separate consideration from compensation on the merits and can be awarded even if the petitioner rejects the judgment, provided the statutory conditions of good faith and reasonable basis are met. The court's decision focused on the statutory interpretation of 42 U.S.C. § 300aa-15(e)(1) and the procedural requirements for awarding fees and costs.","is_death":0,"date_of_death":null,"petition_filed_date":"1990-09-26","case_summary":"Cynthia Wells, on behalf of her minor son Brandon Wells, filed a petition on September 26, 1990, alleging that Brandon suffered encephalopathy, mental retardation, and a residual developmental delay caused by a diphtheria-pertussis-tetanus (DPT) vaccination received on June 3, 1984. The case was assigned to Special Master Laura D. Millman. Although medical records suggested a potential \"Table\" injury within the specified timeframe after vaccination, the petitioner failed to provide the required expert opinion to substantiate causation. Consequently, on January 31, 1992, proceedings were suspended, and the petitioner was ordered to file for voluntary dismissal. A stipulation to dismiss the petition with prejudice was entered on February 20, 1992, with the special master retaining jurisdiction for attorney's fees and costs. The clerk of the court entered judgment dismissing the case with prejudice on February 26, 1992. Petitioner subsequently filed a fee application on March 23, 1992, requesting $5,581.18, asserting the petition was brought in good faith and with a reasonable basis. Petitioner also filed an \"Election to Reject Judgment\" on May 19, 1992. Respondent objected to the fee application, arguing that rejecting the judgment precluded an award of attorney's fees and costs. On December 30, 1992, Special Master Millman awarded petitioner $4,470.00 in attorney's fees and $486.69 in costs, totaling $4,956.69, finding the petition was brought in good faith and had a reasonable basis, and that the election to reject the judgment did not prohibit a separate award of fees and costs. Respondent filed a motion for review, arguing that attorney's fees were not authorized when the petitioner rejected the judgment on the merits. The Court of Federal Claims, in an opinion by Judge Horn, reviewed the special master's decision under the \"not in accordance with law\" standard for legal conclusions and the \"arbitrary and capricious\" standard for factual findings. The court affirmed the special master's decision, holding that attorney's fees and costs could be awarded separately from a judgment on the merits, even if the petitioner elected to reject the judgment, provided the petition was brought in good faith and with a reasonable basis. The court found that the plain language of 42 U.S.C. § 300aa-15(e)(1) allowed for such an award and that the petitioner had demonstrated good faith and a reasonable basis for bringing the claim, as supported by the mother's affidavit and medical records indicating potential \"Table\" injury manifestations. The court denied the respondent's motion for review and affirmed the special master's award of $4,956.69 in attorney's fees and costs.","is_minor_inferred":1,"is_pediatric_broad":1,"special_master":"Laura D. Millman","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":null,"petitioner_attorney_firm":null,"petitioner_attorney_location":null,"adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":null,"firm_canonical_key":null,"package_title":"Wells v. Secretary of the Department of Health & Human Services","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-01473","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-01473.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_90-vv-01473.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_90-vv-01473-cl6643845","title":"Wells v. Secretary of the Department of Health & Human Services","docket_text":"lead-opinion","date_issued":"1993-06-22","pdf_url":"https://www.courtlistener.com/opinion/6761136/wells-v-secretary-of-the-department-of-health-human-services/","pdf_bytes":null,"triage_decision":"keep","triage_reason":"recovered via CL opinion 6643845 (html_with_citations)","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_90-vv-01473/USCOURTS-cofc-1_90-vv-01473-cl6643845"}]}