SHELL v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:13-vv-00692

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No Logo SUMMER SHELL, Petitioner

Represented by Mark T. Sadaka, LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED MARK T. SADAKA +1 201 266 5670 +1 201 266 5671 mark@sadakafirm.com
Space MARK T. SADAKA +1 201 266 5670 +1 201 266 5671 mark@sadakafirm.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"

Represented by Gardner Cornell, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Darryl R. Wishard +1 202 616 4357 +1 202 616 4310 darryl.wishard@usdoj.gov
Citation Section 42 U.S.C. § 300
Nature of Suit 498 - Other Action
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Legal Document (Payment Possibly Required) 62 Filed: 5/11/2016, Entered: None
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation, as follows: (1) a lump sum of $25,000.00, in the form of a check payable to petitioner, Summer Shell; and (2) a lump sum of $13,680.79, which amount represents compensation for reimbursement of the Medicaid Lien, in the form of a check payable jointly to petitioner and the Division of Medical Assistance, Case No. 207858, Office of the Controller, 2022 Mail Service Center, Raleigh, NC 27699-2022. Petitioner agrees to endorse this payment to the Division of Medical Assistance. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). (Copy to parties) (dls) (Entered: 05/11/2016)
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    Legal Document (Payment Possibly Required) 61 Filed: 5/10/2016, Entered: None
    JOINT NOTICE Not to Seek Review, filed by SUMMER SHELL re 58 DECISION Stipulation/Proffer . (Sadaka, Mark) (Entered: 05/10/2016)
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      Legal Document (Payment Possibly Required) 60 Filed: 5/10/2016, Entered: None
      MOTION to Strike Joint Notice Not to Seek Review, filed by SUMMER SHELL.Response due by 5/27/2016. (Sadaka, Mark) (Entered: 05/10/2016)
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        Legal Document (Payment Possibly Required) 59 Filed: 5/9/2016, Entered: None
        STRICKEN see Order filed 5/10/16 JOINT NOTICE Not to Seek Review, filed by SUMMER SHELL re 58 DECISION Stipulation/Proffer . (Sadaka, Mark) Modified on 5/11/2016 (vw). (Entered: 05/09/2016)
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          Legal Document (Payment Possibly Required) 58 Filed: 5/6/2016, Entered: None
          DECISION of Special Master - Stipulation/Proffer. Redactions due by 5/20/2016 Signed by Special Master Mindy Michaels Roth. (Attachments: # 1 Joint Stipulation)(jdm) Copy to parties. (Entered: 05/06/2016)
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            Legal Document (Payment Possibly Required) 57 Filed: 5/4/2016, Entered: None
            STIPULATION for Award , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Wishard, Darryl) (Entered: 05/04/2016)
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              Legal Document (Payment Possibly Required) 56 Filed: 4/25/2016, Entered: None
              NOTICE OF FILING General Order #9 Statement by SUMMER SHELL. (Attachments: # 1 Exhibit)(Sadaka, Mark) (Entered: 04/25/2016)
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                Legal Document (Payment Possibly Required) 55 Filed: 4/25/2016, Entered: None
                15-WEEK STIPULATION STATUS REPORT RESPONSE , filed by SUMMER SHELL. (Sadaka, Mark) (Entered: 04/25/2016)
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                  Legal Document (Payment Possibly Required) 54 Filed: 3/23/2016, Entered: None
                  15-WEEK STIPULATION STATUS REPORT , filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Response due by 4/25/2016. (Wishard, Darryl) (Entered: 03/23/2016)
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                    Legal Document (Payment Possibly Required) 53 Filed: 2/5/2016, Entered: None
                    15-Week STIPULATION ORDER: Respondent shall, within 15 weeks, send petitioner the joint stipulation and file a status report. Within 30 days after the receipt of the stipulation, the petitioner shall file a status report. Within 15 days after receiving the stipulation from petitioner, the respondent shall file the signed stipulation. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties. (Entered: 02/05/2016)
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                      Legal Document (Payment Possibly Required) 52 Filed: 1/21/2016, Entered: None
                      SCHEDULING ORDER: Respondent's Status Report identifying missing medical records and stating how she wishes to proceed is due by 2/19/2016. Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties. (Entered: 01/21/2016)
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                        Legal Document (Payment Possibly Required) 51 Filed: 12/22/2015, Entered: None
                        NOTICE OF FILING Exhibits K - N by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N)(Wishard, Darryl) (Entered: 12/22/2015)
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                          Legal Document (Payment Possibly Required) 50 Filed: 10/28/2015, Entered: None
                          NOTICE OF FILING Medical Records by SUMMER SHELL. (Attachments: # 1 Exhibit 30 - [MR] Carolina Orthopedic Specialists, # 2 Exhibit 31 - [MR] Carolinas Health Care System Blue Ridge Valdese)(Sadaka, Mark) (Entered: 10/28/2015)
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                            Legal Document (Payment Possibly Required) 49 Filed: 10/28/2015, Entered: None
                            EXPERT REPORT (Ex. no. 19) filed by SUMMER SHELL. (Attachments: # 1 Exhibit 19 - Supplemental Report, # 2 Exhibit 20 - Literature, # 3 Exhibit 21 - Literature, # 4 Exhibit 22 - Literature, # 5 Exhibit 23 - Literature, # 6 Exhibit 24 - Literature, # 7 Exhibit 25 - Literature, # 8 Exhibit 26 - Literature, # 9 Exhibit 27 - Literature, # 10 Exhibit 28 - Literature, # 11 Exhibit 29 - Literature)(Sadaka, Mark) (Entered: 10/28/2015)
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                              Legal Document (Payment Possibly Required) 48 Filed: 10/22/2015, Entered: None
                              NOTICE of Reassignment. Case reassigned to Special Master Mindy Michaels Roth for all further proceedings. Chief Special Master Nora Beth Dorsey no longer assigned to the case. (tjk) (Entered: 10/22/2015)
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                                Legal Document (Payment Possibly Required) 47 Filed: 10/21/2015, Entered: None
                                ORDER REASSIGNING CASE to Special Master Mindy M. Roth. Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties. (Entered: 10/21/2015)
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                                  Legal Document (Payment Possibly Required) 46 Filed: 10/20/2015, Entered: None
                                  ORDER granting 45 Motion for Extension of Time: Petitioner shall file her supplemental expert report by 12/3/2015. Signed by Chief Special Master Nora Beth Dorsey. (hj) Copy to parties. (Entered: 10/20/2015)
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                                    Legal Document (Payment Possibly Required) 45 Filed: 10/19/2015, Entered: None
                                    MOTION for Extension of Time until December 3, 2015 to file Expert's Supplemental Report , filed by SUMMER SHELL.Response due by 11/5/2015.(Sadaka, Mark) (Entered: 10/19/2015)
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                                      Legal Document (Payment Possibly Required) 44 Filed: 9/9/2015, Entered: None
                                      ORDER re: petitioner's 9/8/2015 status report. Signed by Chief Special Master Nora Beth Dorsey. (hj) Copy to parties. (Entered: 09/09/2015)
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                                        Legal Document (Payment Possibly Required) 43 Filed: 9/8/2015, Entered: None
                                        STATUS REPORT , filed by SUMMER SHELL. (Sadaka, Mark) (Entered: 09/08/2015)
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                                          Legal Document (Payment Possibly Required) 42 Filed: 9/8/2015, Entered: None
                                          NOTICE OF FILING Letter from Lincoln County Health Dept by SUMMER SHELL. (Attachments: # 1 Exhibit Letter from Lincoln County Health Dept)(Sadaka, Mark) (Entered: 09/08/2015)
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                                            Legal Document (Payment Possibly Required) 41 Filed: 9/3/2015, Entered: None
                                            ORDER granting 40 Motion for Extension of Time Petitioner shall file an expert report by 10/19/2015. Signed by Chief Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 09/03/2015)
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                                              Legal Document (Payment Possibly Required) 40 Filed: 9/3/2015, Entered: None
                                              Unopposed MOTION for Extension of Time until October 19, 2015 to file her supplemental expert report , filed by SUMMER SHELL.Response due by 9/21/2015. (Sadaka, Mark) (Entered: 09/03/2015)
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                                                Legal Document (Payment Possibly Required) 39 Filed: 8/5/2015, Entered: None
                                                SCHEDULING ORDER : Petitioner shall file the medical records indicated in this order by 9/8/2015. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 08/05/2015)
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                                                  Legal Document (Payment Possibly Required) 38 Filed: 8/3/2015, Entered: None
                                                  Exhibit List Updated August 3, 2015, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Wishard, Darryl) (Entered: 08/03/2015)
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                                                    Legal Document (Payment Possibly Required) 37 Filed: 8/3/2015, Entered: None
                                                    NOTICE OF FILING Exhibits H - J by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J)(Wishard, Darryl) (Entered: 08/03/2015)
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                                                      Legal Document (Payment Possibly Required) 36 Filed: 7/31/2015, Entered: None
                                                      SCHEDULING ORDER re 35 Status Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES : Respondent shall file an expert report by 8/28/2015. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 07/31/2015)
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                                                        Legal Document (Payment Possibly Required) 35 Filed: 7/31/2015, Entered: None
                                                        STATUS REPORT and Motion for Enlargement of Time, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Wishard, Darryl) (Entered: 07/31/2015)
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                                                          Legal Document (Payment Possibly Required) 34 Filed: 7/6/2015, Entered: None
                                                          STATUS REPORT , filed by SUMMER SHELL. (Sadaka, Mark) (Entered: 07/06/2015)
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                                                            Legal Document (Payment Possibly Required) 33 Filed: 6/4/2015, Entered: None
                                                            SCHEDULING ORDER : Petitioner's status report is due by 7/6/2015. Respondent shall file a responsive expert report within thirty days of petitioner's expert report. Petitioner shall file an expert report thirty days thereafter. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 06/04/2015)
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                                                              Legal Document (Payment Possibly Required) 32 Filed: 4/27/2015, Entered: None
                                                              EXPERT REPORT of M. Eric Gershwin, MD (Ex. no. 17) filed by All Plaintiffs. (Attachments: # 1 Exhibit 17)(Sadaka, Mark) (Entered: 04/27/2015)
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                                                                Legal Document (Payment Possibly Required) 31 Filed: 3/27/2015, Entered: None
                                                                ORDER granting 30 Motion for Extension of Time. Petitioner shall file an expert report by 4/27/2015. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 03/27/2015)
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                                                                  Legal Document (Payment Possibly Required) 30 Filed: 3/27/2015, Entered: None
                                                                  Unopposed MOTION for Extension of Time to To File Expert Report , filed by All Plaintiffs.Response due by 4/13/2015. (Sadaka, Mark) (Entered: 03/27/2015)
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                                                                    Legal Document (Payment Possibly Required) 29 Filed: 1/27/2015, Entered: None
                                                                    SCHEDULING ORDER re 28 Status Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES : Petitioner may file a responsive expert report by 3/27/2015. Signed by Special Master Nora Beth Dorsey. (ca1) Copy to parties. (Entered: 01/27/2015)
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                                                                      Legal Document (Payment Possibly Required) 28 Filed: 1/27/2015, Entered: None
                                                                      STATUS REPORT , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Wishard, Darryl) (Entered: 01/27/2015)
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                                                                        Legal Document (Payment Possibly Required) 27 Filed: 1/26/2015, Entered: None
                                                                        NOTICE OF FILING Exhibits A-G by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wishard, Darryl) (Entered: 01/26/2015)
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                                                                          Legal Document (Payment Possibly Required) 26 Filed: 1/21/2015, Entered: None
                                                                          STATUS REPORT , filed by All Plaintiffs. (Sadaka, Mark) (Entered: 01/21/2015)
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                                                                            Legal Document (Payment Possibly Required) 25 Filed: 1/21/2015, Entered: None
                                                                            MEDICAL RECORDS. (Attachments: # 1 Exhibit 16)(Sadaka, Mark) (Entered: 01/21/2015)
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                                                                              Legal Document (Payment Possibly Required) 24 Filed: 12/8/2014, Entered: None
                                                                              SCHEDULING ORDER : Petitioner's status report due by 1/20/2015. Within 30 days of the filing of petitioner's status report, respondent shall file a status report. Signed by Special Master Nora Beth Dorsey. (jb) Copy to parties. (Entered: 12/08/2014)
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                                                                                Legal Document (Payment Possibly Required) 23 Filed: 10/22/2014, Entered: None
                                                                                NOTICE of Intent to File on Compact Disc pursuant to Vaccine General Order #13 filed by All Plaintiffs.Compact Disc due by 10/27/2014. (Sadaka, Mark) (Entered: 10/22/2014)
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                                                                                  Legal Document (Payment Possibly Required) 22 Filed: 10/16/2014, Entered: None
                                                                                  EXPERT REPORT of M. Eric Gershwin, M.D. (Ex. no. 15) filed by All Plaintiffs. (Attachments: # 1 Exhibit 16)(Sadaka, Mark) (Entered: 10/16/2014)
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                                                                                    Legal Document (Payment Possibly Required) 21 Filed: 9/3/2014, Entered: None
                                                                                    ORDER granting Petitioner's 20 Motion for Extension of Time: Petitioner shall file an expert report by 11/3/2014. Additional extensions will not be granted absent good cause shown. Signed by Special Master Nora Beth Dorsey. (mb) Copy to parties. (Entered: 09/03/2014)
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                                                                                      Legal Document (Payment Possibly Required) 20 Filed: 9/2/2014, Entered: None
                                                                                      Unopposed MOTION for Extension of Time to Submit an Expert Report , filed by All Plaintiffs.Response due by 9/19/2014. (Sadaka, Mark) (Entered: 09/02/2014)
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                                                                                        Legal Document (Payment Possibly Required) 19 Filed: 7/7/2014, Entered: None
                                                                                        ORDER granting Petitioner's 18 Motion for Extension of Time: Petitioner shall file an expert report by 9/2/2014. Signed by Special Master Nora Beth Dorsey. (mb) Copy to parties. (Entered: 07/07/2014)
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                                                                                          Legal Document (Payment Possibly Required) 18 Filed: 7/3/2014, Entered: None
                                                                                          Unopposed MOTION for Extension of Time to File Petitioner's Expert Report, filed by All Plaintiffs.Response due by 7/21/2014. (Sadaka, Mark) (Entered: 07/03/2014)
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                                                                                            Legal Document (Payment Possibly Required) 17 Filed: 5/19/2014, Entered: None
                                                                                            NOTICE OF INTENT to Remain in the Program by Petitioner. (Sadaka, Mark) (Entered: 05/19/2014)
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                                                                                              Legal Document (Payment Possibly Required) 16 Filed: 5/16/2014, Entered: None
                                                                                              ORDER re: 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 Nora Beth Dorsey. (tlj) Copy to parties. (Entered: 05/16/2014)
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                                                                                                Legal Document (Payment Possibly Required) 15 Filed: 5/7/2014, Entered: None
                                                                                                ORDER granting Petitioner's 14 Motion for Extension of Time: Petitioner shall file an expert report by 7/3/2014. Signed by Special Master Nora Beth Dorsey. (mb) Copy to parties. (Entered: 05/07/2014)
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                                                                                                  Legal Document (Payment Possibly Required) 14 Filed: 5/6/2014, Entered: None
                                                                                                  Unopposed MOTION for Extension of Time until July 3, 2014 to File Petitioner's Expert Report , filed by All Plaintiffs.Response due by 5/23/2014. (Sadaka, Mark) (Entered: 05/06/2014)
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                                                                                                    Legal Document (Payment Possibly Required) 13 Filed: 2/12/2014, Entered: None
                                                                                                    NOTICE OF FILING Affidavit of Summer Shell by. (Attachments: # 1 Affidavit)(Sadaka, Mark) (Entered: 02/12/2014)
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                                                                                                      Legal Document (Payment Possibly Required) 12 Filed: 2/5/2014, Entered: None
                                                                                                      Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Wishard, Darryl) (Entered: 02/05/2014)
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                                                                                                        Legal Document (Payment Possibly Required) 11 Filed: 1/13/2014, Entered: None
                                                                                                        SCHEDULING ORDER : Respondent shall file her Rule 4 report by Tuesday, February 25, 2014. Petitioner shall file an expert report within 90 days of respondent file her Rule 4 report. A status conference will be held after petitioner files an expert report. Signed by Special Master Nora Beth Dorsey. (Johnson, Philip) Copy to parties. (Entered: 01/13/2014)
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                                                                                                          Legal Document (Payment Possibly Required) 10 Filed: 12/12/2013, Entered: None
                                                                                                          STATEMENT of Completion by. (Sadaka, Mark) (Entered: 12/12/2013)
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                                                                                                            Legal Document (Payment Possibly Required) 9 Filed: 12/12/2013, Entered: None
                                                                                                            MEDICAL RECORDS. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13)(Sadaka, Mark) (Entered: 12/12/2013)
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                                                                                                              Legal Document (Payment Possibly Required) 8 Filed: 11/21/2013, Entered: None
                                                                                                              MEDICAL RECORDS. (Attachments: # 1 Exhibit 10)(Sadaka, Mark) (Entered: 11/21/2013)
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                                                                                                                Legal Document (Payment Possibly Required) 7 Filed: 11/8/2013, Entered: None
                                                                                                                NOTICE of Intent to File on Compact Disc pursuant to Vaccine General Order #13 filed by All Plaintiffs.Compact Disc due by 11/15/2013. (Sadaka, Mark) (Entered: 11/08/2013)
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                                                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 10/21/2013, Entered: None
                                                                                                                  NOTICE of Appearance by Darryl R. Wishard for SECRETARY OF HEALTH AND HUMAN SERVICES .. (Wishard, Darryl) (Entered: 10/21/2013)
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                                                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 9/26/2013, Entered: None
                                                                                                                    INITIAL ORDER: The petitioner shall confer with respondent and then contact the court by Monday, October 21, 2013, to suggest three possible dates and times for the initial conference call. Petitioner shall contact my judicial assistant, Terriesa Jones, at (202) 357-6350, to schedule the status conference. Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. (Entered: 09/26/2013)
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                                                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 9/24/2013, Entered: None
                                                                                                                      NOTICE OF FILING by. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Sadaka, Mark) (Entered: 09/24/2013)
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                                                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 9/18/2013, Entered: None
                                                                                                                        NOTICE of Designation of Electronic Case. (tjk) (Entered: 09/18/2013)
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                                                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 9/18/2013, Entered: None
                                                                                                                          NOTICE of Assignment to Special Master Nora B. Dorsey. (tjk) (Entered: 09/18/2013)
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                                                                                                                            Legal Document (Payment Possibly Required) 1 Filed: 9/18/2013, Entered: None
                                                                                                                            PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $400, Receipt number 075631) [Vaccination date: 2/4/11], filed by SUMMER SHELL.Respondents Report due by 12/17/2013. (Attachments: # 1 Coversheet)(tjk) (Entered: 09/18/2013)
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