DAVEY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:11-vv-00794

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No Logo ADRIANE DAVEY, Petitioner

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Adly Baseluos +1 210 787 5993 +1 888 310 6729 mike@baseluoslawfirm.com
v.
United States Department of Health and Human Services United States Department of Health and Human Services, Respondent
Officially listed as "SECRETARY OF HEALTH AND HUMAN SERVICES"

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Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tara J. Kilfoyle +1 202 305 1709 +1 202 307 0972 Tara.Kilfoyle@usdoj.gov
Citation Section 42 U.S.C. § 300
Nature of Suit 498 - Other Action
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Legal Document (Payment Possibly Required) 45 Filed: 3/14/2013, Entered: None
Petitioner's Election to Accept 44 Judgment,,,,. (Baseluos, Michael) (Entered: 03/14/2013)
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    Legal Document (Payment Possibly Required) 44 Filed: 3/12/2013, Entered: None
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation as follows: a lump sum of $25,000.00, in the form of a check payable to petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-15(a); a lump sum of $5,843.63, in the form of a check payable jointly to petitioner and petitioner's former attorney, Conway, Homer & Chin-Caplan, P.C. for attorneys' fees and costs awarded pursuant to 42 U.S.C. §§300aa-15(e)(1). This check should be sent directly to the firm of Conway, Homer & Chin-Caplan, P.C., 16 Shawmut Street, Boston, MA 02116; a lump sum of $24,040.00, in the form of a check payable jointly to petitioner and petitioner's current attorney, Michael A. Baseluos, for attorneys' fees and costs awarded pursuant to 42 U.S.C. §§300aa-15(e)(1); and a lump sum of $2,350.00, in the form of a check payable to petitioner and Maryjane Davey. This amount represents compensation for litigation costs petitioner incurred personally along with Maryjane Davey that would be available under 42 U.S.C. §§300aa-15(e). (Copy to parties) (dls) (Entered: 03/12/2013)
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      Legal Document (Payment Possibly Required) 43 Filed: 3/8/2013, Entered: None
      JOINT NOTICE Not to Seek Review, filed by ADRIANE DAVEY, SECRETARY OF HEALTH AND HUMAN SERVICES re 42 DECISION of Special Master, DECISION of Special Master - Fees . (Baseluos, Michael) (Entered: 03/08/2013)
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        Legal Document (Payment Possibly Required) 42 Filed: 3/8/2013, Entered: None
        DECISION on Compensation and on Attorney's Fees and Costs, Signed by Special Master Daria J. Zane. (Attachments: # 1 Appendix A (Stipulation))(aw) Copy to parties. (Entered: 03/08/2013)
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          Legal Document (Payment Possibly Required) 41 Filed: 3/7/2013, Entered: None
          STIPULATION for Award including final attorneys' fees and costs, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 03/07/2013)
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            Legal Document (Payment Possibly Required) 40 Filed: 2/12/2013, Entered: None
            STATUS REPORT on stipulation, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 02/12/2013)
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              Legal Document (Payment Possibly Required) 39 Filed: 1/2/2013, Entered: None
              15-Week STIPULATION ORDER: Respondent shall, within 15 weeks, send petitioner(s) the joint stipulation and file a status report. Within 30 days after the receipt of the stipulation, the petitioner(s) shall file a status report. Within 15 days after receiving the stipulation from petitioner(s), the respondent shall file the signed stipulation. Respondent's Status Report due by 4/17/2013. The March 13, 2013 due date for a joint status report is VACATED. Signed by Special Master Daria J. Zane. (rl) Copy to parties. (Entered: 01/02/2013)
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                Legal Document (Payment Possibly Required) 38 Filed: 12/10/2012, Entered: None
                ORDER REFERRING CASE to ADR. Case referred to Chief Special Master Campbell-Smith for ADR proceedings. The parties shall contact Chief Special Master Campbell-Smith's chambers by December 19, 2012. Signed by Special Master Daria J. Zane. (rl) Copy to parties. (Entered: 12/10/2012)
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                  Legal Document (Payment Possibly Required) 37 Filed: 12/3/2012, Entered: None
                  SCHEDULING ORDER: The parties shall file a joint status report by Wednesday, March 13, 2013, advising the Court about the status of settlement discussions. Signed by Special Master Daria J. Zane. (rl) Copy to parties. (Entered: 12/03/2012)
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                    Legal Document (Payment Possibly Required) 36 Filed: 11/14/2012, Entered: None
                    JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 11/14/2012)
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                      Legal Document (Payment Possibly Required) 35 Filed: 10/15/2012, Entered: None
                      STATUS REPORT ORDER The parties shall file a join Status Report by 11/13/2012 Signed by Special Master Daria J. Zane. (Johnson, Philip) Copy to parties. (Entered: 10/15/2012)
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                        Legal Document (Payment Possibly Required) 34 Filed: 10/12/2012, Entered: None
                        JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 10/12/2012)
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                          Legal Document (Payment Possibly Required) 33 Filed: 9/17/2012, Entered: None
                          ORDER granting Respondent's Unopposed Motion to Amend the Schedule to suspend Respondent's expert report deadline 32 . The parties shall file a Joint Status Report by 10/12/2012. Signed by Special Master Daria J. Zane. (Zane, Daria) Copy to parties. (Entered: 09/17/2012)
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                            Legal Document (Payment Possibly Required) 32 Filed: 9/11/2012, Entered: None
                            Unopposed MOTION to Amend Schedule to suspend deadline for respondent's expert report re: 26 Scheduling Order,, filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Response due by 9/28/2012. (Kilfoyle, Tara) (Entered: 09/11/2012)
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                              Legal Document (Payment Possibly Required) 31 Filed: 8/27/2012, Entered: None
                              MEDICAL LITERATURE [Exhibit #CV Dr. Axelrod] filed by ADRIANE DAVEY. (Attachments: # 1 Supplement Dr. Axelrod CV)(Baseluos, Michael) (Entered: 08/27/2012)
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                                Legal Document (Payment Possibly Required) 30 Filed: 8/27/2012, Entered: None
                                MEDICAL LITERATURE [Exhibit #Medical References 13-18] filed by ADRIANE DAVEY. (Attachments: # 1 Supplement Axelrod Medical Ref #13, # 2 Supplement Axelrod Medical Ref #14, # 3 Supplement Axelrod Medical Ref #15, # 4 Supplement Axelrod Medical Ref #16, # 5 Supplement Axelrod Medical Ref #17, # 6 Supplement Axelrod Medical Ref #18)(Baseluos, Michael) (Entered: 08/27/2012)
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                                  Legal Document (Payment Possibly Required) 29 Filed: 8/27/2012, Entered: None
                                  MEDICAL LITERATURE [Exhibit #Medical references 7-12] filed by ADRIANE DAVEY. (Attachments: # 1 Supplement Axelrod Medical Reference #7, # 2 Supplement Axelrod Medical Ref #8, # 3 Supplement Axelrod Medical Ref #9, # 4 Supplement Axelrod Medical Ref #10, # 5 Supplement Axelrod Medical Ref #11, # 6 Supplement Axelrod Medical Ref #12)(Baseluos, Michael) (Entered: 08/27/2012)
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                                    Legal Document (Payment Possibly Required) 28 Filed: 8/27/2012, Entered: None
                                    MEDICAL LITERATURE [Exhibit #Medical References 1-6] filed by ADRIANE DAVEY. (Attachments: # 1 Supplement Axelrod Medical Ref #1, # 2 Supplement Axelrod Medical Ref #2, # 3 Supplement Axelrod Medical Ref #3, # 4 Supplement Axelrod Medical Ref #4, # 5 Supplement Axelrod Medical Ref #5, # 6 Supplement Axelrod Medical Ref #6)(Baseluos, Michael) (Entered: 08/27/2012)
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                                      Legal Document (Payment Possibly Required) 27 Filed: 8/27/2012, Entered: None
                                      NOTICE OF FILING Supplemental Petition No 2 and Exh 21 (Expert Report) by ADRIANE DAVEY. (Attachments: # 1 Supplement Supplemental Petition No 2, # 2 Exhibit Dr Axelrod Expert Report)(Baseluos, Michael) (Entered: 08/27/2012)
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                                        Legal Document (Payment Possibly Required) 26 Filed: 8/24/2012, Entered: None
                                        SCHEDULING ORDER : Petitioner shall file an expert report by 10/19/2012. Respondent's expert report due 75 days thereafter. The parties shall contact chambers within 10 days of the filing of Respondent's expert report to schedule a status conference. Signed by Special Master Daria J. Zane. (Zane, Daria) Copy to parties. (Entered: 08/24/2012)
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                                          Legal Document (Payment Possibly Required) 25 Filed: 8/24/2012, Entered: None
                                          NOTICE OF INTENT to Remain in the Program by Petitioner. (Baseluos, Michael) (Entered: 08/24/2012)
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                                            Legal Document (Payment Possibly Required) 24 Filed: 7/30/2012, Entered: None
                                            Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 07/30/2012)
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                                              Legal Document (Payment Possibly Required) 23 Filed: 7/25/2012, Entered: None
                                              ORDER: The statutory 240-day time period for the special master's issuance of a decision in this case has expired. Petitioner may submit a notice continuing or withdrawing the petition and such notice shall be filed within 30 days. Signed by Special Master Daria J. Zane. (ll) Copy to parties. (Entered: 07/25/2012)
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                                                Legal Document (Payment Possibly Required) 22 Filed: 6/14/2012, Entered: None
                                                NOTICE OF FILING Medical Records from Dr. Woods by ADRIANE DAVEY. (Attachments: # 1 Exhibit Medical Recs from Dr. Woods)(Baseluos, Michael) (Entered: 06/14/2012)
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                                                  Legal Document (Payment Possibly Required) 21 Filed: 6/1/2012, Entered: None
                                                  STATEMENT of Completion by ADRIANE DAVEY. (Baseluos, Michael) (Entered: 06/01/2012)
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                                                    Legal Document (Payment Possibly Required) 20 Filed: 6/1/2012, Entered: None
                                                    STATUS REPORT 6-1-12, filed by ADRIANE DAVEY. (Baseluos, Michael) (Entered: 06/01/2012)
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                                                      Legal Document (Payment Possibly Required) 19 Filed: 6/1/2012, Entered: None
                                                      NOTICE OF FILING Transcriptions of illegible records by ADRIANE DAVEY. (Attachments: # 1 Exhibit #19 Transcriptions of illegible records)(Baseluos, Michael) (Entered: 06/01/2012)
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                                                        Legal Document (Payment Possibly Required) 18 Filed: 4/16/2012, Entered: None
                                                        SCHEDULING ORDER: Petitioner shall file the outstanding medical records (with a statement of completion) or a status report by 5/31/2012. Within 60 days of the filing of the statement of completion, Respondent shall file a Rule 4 Report. Within 10 days of the filing of Respondent's Rule 4 Report, the parties shall contact chambers to schedule a status conference. Signed by Special Master Daria J. Zane. (fs) Copy to parties. (Entered: 04/16/2012)
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                                                          Legal Document (Payment Possibly Required) 17 Filed: 4/15/2012, Entered: None
                                                          STATUS REPORT 4-14-12, filed by ADRIANE DAVEY. (Baseluos, Michael) (Entered: 04/15/2012)
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                                                            Legal Document (Payment Possibly Required) 16 Filed: 3/29/2012, Entered: None
                                                            SCHEDULING ORDER: Petitioner shall file the outstanding medical records (with a statement of completion) or a status report by 4/30/2012. Within 60 days of the filing of the statement of completion, Respondent shall file a Rule 4 Report. Within 10 days of the filing of Respondent's Rule 4 Report, the parties shall contact chambers to schedule a status conference. Signed by Special Master Daria J. Zane. (fs) Copy to parties. (Entered: 03/29/2012)
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                                                              Legal Document (Payment Possibly Required) 15 Filed: 3/26/2012, Entered: None
                                                              STATUS REPORT, filed by ADRIANE DAVEY. (Baseluos, Michael) (Entered: 03/26/2012)
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                                                                Legal Document (Payment Possibly Required) 14 Filed: 3/25/2012, Entered: None
                                                                NOTICE OF FILING Exhibits 17-18 by ADRIANE DAVEY. (Attachments: # 1 Exhibit Exhibit 17: Records relating to Adriane Daveys treatment by a psychologist, # 2 Exhibit Exhibit 18: School attendance records requested by Respondent from 2005-2012)(Baseluos, Michael) (Entered: 03/25/2012)
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                                                                  Legal Document (Payment Possibly Required) 13 Filed: 2/29/2012, Entered: None
                                                                  ORDER granting 12 Petitioner's Motion to Amend/Correct Case Caption. Signed by Special Master Daria J. Zane. (fs) Copy to parties. (Entered: 02/29/2012)
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                                                                    Legal Document (Payment Possibly Required) 12 Filed: 2/28/2012, Entered: None
                                                                    NOTICE OF FILING Motion to amend caption by ADRIANE DAVEY, MARYJANE DAVEY. (Attachments: # 1 Motion to amend caption)(Baseluos, Michael) Modified on 2/29/2012 (tjk). (Entered: 02/28/2012)
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                                                                      Legal Document (Payment Possibly Required) 11 Filed: 2/13/2012, Entered: None
                                                                      SCHEDULING ORDER: Petitioner shall file medical records as they become available. Petitioner shall file a status report by 3/29/2012. Within 30 days of the fiing of Petitioner's status report, Respondent shall file a status report. Respondent's Rule 4 report is due within 60 days of the filing of the statement of completion. The parties shall contact chambers within 10 days of the filing of the Rule 4 to schedule a status conference. Signed by Special Master Daria J. Zane. (fs) Copy to parties. (Entered: 02/13/2012)
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                                                                        Legal Document (Payment Possibly Required) 10 Filed: 2/10/2012, Entered: None
                                                                        STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 02/10/2012)
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                                                                          Legal Document (Payment Possibly Required) 9 Filed: 1/26/2012, Entered: None
                                                                          STATUS REPORT, filed by ADRIANE DAVEY, MARYJANE DAVEY. (Baseluos, Michael) (Entered: 01/26/2012)
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                                                                            Legal Document (Payment Possibly Required) 8 Filed: 1/26/2012, Entered: None
                                                                            NOTICE OF FILING Supplemental Petition with supporting medical records and exhibits by ADRIANE DAVEY, MARYJANE DAVEY. (Attachments: # 1 Appendix Table of Contents - Supplemental Petition and Exhibit List, # 2 Supplement Supplemental Petition, # 3 Exhibit Exhibit 1 - Medical Records from Clackamas Pediatric Hospital, # 4 Exhibit Exhibit 2 [Medical Records from Dr. Ruesch], # 5 Exhibit Exhibit 3 [Medical Records from Providence Milwaukee Hospital], # 6 Exhibit Exhibit 4 [Medical Records from Legacy Emmanuel Childrens Hospital], # 7 Exhibit Exhibit 5 [Medical Records from Providence Pediatric Neurology], # 8 Exhibit Exhibit 6 [Medical records from Tigard Health Clinic], # 9 Exhibit Exhibit 7 [Medical records from Dr. Charles Bock], # 10 Exhibit Exhibit 8 [Medical Records from Colarchik], # 11 Exhibit Exhibit 9 [Medical Records from Karen Tinning, Accupuncture], # 12 Exhibit Exhibit 10 [Vaccination Record], # 13 Exhibit Exhibit 11 [Medical Records from Dr. James Baker], # 14 Exhibit Exhibit 12 [Medical Records from Dr. Todd Thistle], # 15 Exhibit Exhibit 13 [Medical Records from Khalsa Chiropractic Relief Center], # 16 Exhibit Exhibit 14 [Medical Records from Karen Tinning, UPDATED], # 17 Exhibit Exhibit 15 [VAERS Report and supporting medical records], # 18 Exhibit Exhibit 16 [Petitioner Affidavit])(Baseluos, Michael) (Entered: 01/26/2012)
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                                                                              Legal Document (Payment Possibly Required) 7 Filed: 1/10/2012, Entered: None
                                                                              SCHEDULING ORDER: Petitioner shall file medical records by 2/3/2012. Petitioner shall also file a status report by 2/9/2012. Respondent shall have 30 days to review the records once Petitioner has filed all outstanding records to determine whether the record is complete. Respondent's Rule 4 report is due 60 days after Petitioner files a statement of completion. The parties shall contact my chambers within 10 days of the filing of the Rule 4 Report to schedule a status conference. Signed by Special Master Daria J. Zane. (fs) Copy to parties. (Entered: 01/10/2012)
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                                                                                Legal Document (Payment Possibly Required) 6 Filed: 12/5/2011, Entered: None
                                                                                NOTICE of Appearance by Tara J. Kilfoyle for SECRETARY OF HEALTH AND HUMAN SERVICES. (Kilfoyle, Tara) (Entered: 12/05/2011)
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                                                                                  Legal Document (Payment Possibly Required) 5 Filed: 12/2/2011, Entered: None
                                                                                  INITIAL ORDER: The parties shall confer and contact my judicial assistant on or before 12/28/11, to discuss possible dates and times for the initial telephonic status conference. ( Signed by Special Master Daria J. Zane. )(Jamison, Mary) Copy to parties. (Entered: 12/02/2011)
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                                                                                    Legal Document (Payment Possibly Required) 4 Filed: 11/28/2011, Entered: None
                                                                                    NOTICE of Assignment to Special Master Daria J. Zane. (tjk) (Entered: 12/01/2011)
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                                                                                      Legal Document (Payment Possibly Required) 3 Filed: 11/28/2011, Entered: None
                                                                                      NOTICE of Designation of Electronic Case. (tjk) (Entered: 12/01/2011)
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                                                                                        Legal Document (Payment Possibly Required) 2 Filed: 11/28/2011, Entered: None
                                                                                        MOTION for Leave to Proceed in forma pauperis, filed by ADRIANE DAVEY, MARYJANE DAVEY. (tjk) (Neal, Alonzo). (Entered: 12/01/2011)
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                                                                                          Legal Document (Payment Possibly Required) 1 Filed: 11/28/2011, Entered: None
                                                                                          PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES (Filing fee $350, receipt 073268) [Vaccination date: 12/02/08], filed by MARYJANE DAVEY, ADRIANE DAVEY.Respondents Report due by 2/27/2012. (tjk) (Neal, Alonzo). Modified on 2/2/2012 (tjk). (Entered: 12/01/2011)
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