The attorneys for the families in the Omnibus Autism Proceeding (OAP, the class-action type hearings held in the “vaccine court”) were grouped into the “Petitioner’s Steering Committee” (PSC). The PSC hired experts to help their case. Mark and David Geier did not serve as experts on the OAP but felt that they deserved compensation. $600,000 in compensation. Nearly 10% of the total costs for the OAP.
The Geiers presented eight counts, and failed to make them stick
Count I — Breach of Contract;
Count II — Joint Venturer Liability for Breach of Contract;
Count III — Ratification;
Count IV — Implied Contract;
Count V — Unjust Enrichment;
Count VI — Joint and Several Liability for Professional Negligence (Malpractice);
Count VII — Civil Conspiracy for Fraud; and
Count VIII — Breach of Implied Warranty.
Here are some excerpts from the decision:
In sum, the Geiers have failed to present a factual basis for the Court’s exercise of specific personal jurisdiction over the Law Firms
Even if the Court has personal jurisdiction over the Law Firms due to their continuous and systematic contacts with the District of Columbia, it is necessary to dismiss the Complaint for failure to state a claim.
The Geiers’ malpractice claim is based on the disingenuous assertion that the agreement to assist the Geiers in petitioning the Vaccine Court for fee payment created an attorney-client relationship between the Geiers and the Law Firms. This allegation is not “plausible on its face.”
The Geiers’ civil conspiracy allegations are threadbare accusations that fail to state a claim, see Iqbal, 556 U.S. at 678, let alone meet the heightened pleading standard required by Rule 9(b).
One does wonder where the future lies for the Geiers. Mark Geier (the father and doctor of the team) is 65 and could retire. David Geier (the son who holds a B.A.) is a bit young for retirement. Mark Geier’s medical licenses have been suspended. The Special Masters in the vaccine court have made it clear that neither Geier is qualified to act as an expert or a consultant. And, now, the Geiers have burned bridges with many of the attorneys in the vaccine court. I’ve heard that the Geier address in Florida is registered as a mail order pharmacy.
By Matt Carey