DAVIS v. HHS
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:98-vv-00395-UNJ

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No Logo CARMEN DAVIS, Petitioner

Toggle Switch Represented by CHAPMAN, LEWIS & SWAN

Name Phone Fax E-Mail
Space Ralph E. Chapman +1 662 627 4105 clslaw@chapman-lewis-swan.com
No Logo PERNELL ANDRE RONNIE DAVIS, JR., Petitioner

Toggle Switch Represented by CHAPMAN, LEWIS & SWAN

Name Phone Fax E-Mail
Space Ralph E. Chapman +1 662 627 4105 clslaw@chapman-lewis-swan.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"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Ruth Lynne Harris +1 202 616 4122 lynne.harris@usdoj.gov
Office COFC
Filed 4/21/1998
Jury Demand
Demand $250000
Nature of Suit 483 - Death - Other
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated 7/20/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 56 Filed: 7/15/2002, Entered: 7/22/2002 Satisfaction of Judgment
SATISFACTION OF JUDGMENT in the amount of $59,453.76. See letter in file. (HW)
    LREF
    Blank 55 Filed: 6/4/2002, Entered: 6/4/2002
    Certified copy of judgment solely awarding counsel fees and expenses, forwarded to HHS. See letter in file. (FE)
      LREF
      Blank 54 Filed: 6/4/2002, Entered: 6/4/2002
      JUDGMENT entered pursuant to Vaccine Rule 11(a), awarding petitioner attorney's fees and costs in the amount of $59,453.76 ($39,394.25 for fees and $20,059.51 for other litigation costs). Payment of attorney's fees and costs shall be made by check payable to counsel of record for petitioner. (signed by Clerk). Copy to parties. (DS)
        LREF
        Blank 53 Filed: 5/2/2002, Entered: 5/3/2002 Published Decision of Special Master - Fees
        Decision of Special Master E. L. French re: fees and costs. Copy to parties. (DS)
          LREF
          Blank 52 Filed: 4/30/2002, Entered: 4/30/2002
          Stipulation by ANDRE RONNIE PERNELL DAVIS JR., CARMEN DAVIS and HHS of attorney's fees and costs. (AB)
            LREF
            Blank 51 Filed: 2/21/2002, Entered: 2/22/2002 notice of filing
            Notice of filing "Affidavit of Carmen Davis" by ANDRE RONNIE PERNELL DAVIS JR. and CARMEN DAVIS. Service: 2/13/02. (FE)
              LREF
              Blank 50 Filed: 2/4/2002, Entered: 2/5/2002 Remark
              The affidavit of Carmen Davis, received on January 29, 2002, was returned as the certificate of service was missing, docket number and case caption was missing, it was not signed by the attorney of record, and it did not compy with General Order No. 32. (DS)
                LREF
                Blank 49 Filed: 11/8/2001, Entered: 11/9/2001 Satisfaction of Judgment
                SATISFACTION OF JUDGMENT in the amount of $1,022,403.00 was ellectronically transferred to American General Life Insurance Company on September 21, 2001. See letter in file. (FE)
                  LREF
                  Blank 48 Filed: 10/10/2001, Entered: 10/10/2001
                  SATISFACTION OF JUDGMENT in the amount of $129,672.91, was mailed on September 27, 2001, to Ralph Chapman, Esquire, attorney for the petitioners. See letter in file. (FE)
                    LREF
                    Blank 47 Filed: 10/10/2001, Entered: 10/10/2001
                    SATISFACTION OF JUDGMENT in the amount of $622,578.00, was mailed on September 27, 2001, to Ralph E. Chapman, Esquire, attorney for the petitioners. See letter in file. (FE)
                      LREF
                      Blank 46 Filed: 10/10/2001, Entered: 10/10/2001
                      SATISFACTION OF JUDGMENT in the amount of $3,053.68, was mailed on September 27, 2001, to Ralph E. Chapman, Esquire, attorney for the petitioners. See letter in file. (FE)
                        LREF
                        Blank 45 Filed: 10/10/2001, Entered: 10/10/2001
                        SATISFACTION OF JUDGMENTin the amount of $5,527.68, was mailed on September 27, 2001, to Ralph E. Chapman, Esquire, attorney for the petitioners. See letter in file. (FE)
                          LREF
                          Blank 44 Filed: 10/10/2001, Entered: 10/10/2001
                          SATISFACTION OF JUDGMENT in the amount of $248,832.00, was mailed on September 27, 2001, to AM South Bank. See letter in file. (FE)
                            LREF
                            Blank 43 Filed: 8/21/2001, Entered: 8/22/2001 Judgment Forwarded (Election)
                            Certified copy of election and judgment forwarded to HHS. See letter in file. (FE)
                              LREF
                              Blank 42 Filed: 8/20/2001, Entered: 8/21/2001 Petitioner's Election
                              PETITIONER'S ELECTION to accept Judgment. Service: 8/15/01 Election(y/n): y (AB)
                                LREF
                                Blank 41 Filed: 7/20/2001, Entered: 7/20/2001
                                JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the form of an annuity, as provided for in the decision on damages of July 11, 2001, together with the following lump sum payments: (a) A lump sum payment in the amount of $129,672.91, which amount represents compensation for first year, post-judgment vaccine-related expenses, shall be payable to petitioner for the benefit of Pernell Andre Ronnie Davis, Jr. (b) A lump sum payment in the amount of $248,832.00 which amount represents the current value of compensation for future attendant care for the years 2007 through 2010, shall be payable to AmSouth Bank, as trustee, for the benefit of Pernell Andre Ronnie Davis, Jr., to establish a reversionary trust for the benefit of Pernell Andre Ronnie Davis, Jr. (c) A lump sum payment in the amount of $622,578.00, which amount represents compensation for lost future earnings ($453,429.00) and pain and suffering ($169,149.00), shall be payable to petitioner for the benefit of Pernell Andre Ronnie Davis, Jr. (d) A lump sum in the amount of $3,053.68, which amount represents satisfaction of the Medicaid assignment by the State of Florida, shall be jointly payable to petitioner and the State of Florida. (e) A lump sum in the amount of $5,527.68, which amount represents satisfaction of the Medicaid assignment by the State of Mississippi, shall be jointly payable to petitioner and the State of Mississippi. (signed by Clerk). Copy to parties. (LD)
                                  LREF
                                  Blank -- Filed: 7/20/2001, Entered: 12/28/2001 Annuity
                                  Annuity Amt: $ 1022403 (LD)
                                    LREF
                                    Blank -- Filed: 7/20/2001, Entered: 7/20/2001
                                    Case closed (LD)
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                                      Blank 40 Filed: 7/19/2001, Entered: 7/20/2001 Notice Not to Seek Review
                                      JOINT NOTICE NOT TO SEEK REVIEW (LD)
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                                        Blank 39 Filed: 7/11/2001, Entered: 7/19/2001 DECISION of Special Master
                                        Decision of Special Master E. L. French. Copy to parties. (LTD)
                                          LREF
                                          Blank 38 Filed: 7/10/2001, Entered: 7/12/2001 Order
                                          ORDER granting [36-1] motion to Correct the name of claimant ( signed by Special Master E. L. French ) Copy to parties. (DS)
                                            LREF
                                            Blank 37 Filed: 7/6/2001, Entered: 7/9/2001 Terminated:
                                            RESPONSE (Acknowledgement) by ANDRE RONNIE PERNELL DAVIS JR. to [35-1] notice by HHS Service: 7/2/01 (AB)
                                              LREF
                                              Blank 36 Filed: 6/29/2001, Entered: 7/3/2001, Terminated: 7/10/2001 Terminated:
                                              MOTION by ANDRE RONNIE PERNELL DAVIS JR., CARMEN DAVIS (Service: 6/26/01) to Correct the name of claimant to read Pernell Andre Ronnie Davis, Jr. Response due: 7/13/01. (LTD) Modified on 06/04/2002
                                                LREF
                                                Blank 35 Filed: 6/27/2001, Entered: 6/28/2001 ~Notice (other)
                                                NOTICE of Proffer by HHS Service: 6/27/01 (AB)
                                                  LREF
                                                  Blank 34 Filed: 6/13/2001, Entered: 6/14/2001 Order
                                                  ORDER Respondent shall file the proffer on damages on 6/26/01 (signed by Special Master E. L. French). Copy to parties. (LTD)
                                                    LREF
                                                    Blank 33 Filed: 6/8/2001, Entered: 6/8/2001
                                                    ORDER re: reminder ( signed by Special Master E. L. French ) Copy to parties. (HW)
                                                      LREF
                                                      Blank 32 Filed: 6/6/2001, Entered: 6/7/2001 Order
                                                      ORDER Status Conference for 1:00 p.m. 6/12/01 (signed by Special Master E. L. French). Copy to parties. (FE)
                                                        LREF
                                                        Blank 31 Filed: 7/13/2000, Entered: 7/18/2000 Order
                                                        ORDER set Status Conference for 11:00 a.m., 8/17/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                          Blank 30 Filed: 6/23/2000, Entered: 6/28/2000 Scheduling Order
                                                          SCHEDULING ORDER setting Status Conference for 12:30 p.m. on 7/11/00. ( signed by Special Master E. L. French ) Copy to parties. (DS)
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                                                            Blank 29 Filed: 6/14/2000, Entered: 6/15/2000 Scheduling Order
                                                            SCHEDULING ORDER setting Status Conference set for: 11:00 a.m. 6/28/00 (signed by Special Master E. L. French). Copy to parties. (FE)
                                                              LREF
                                                              Blank 28 Filed: 5/30/2000, Entered: 5/31/2000 Order
                                                              ORDER set Status Conference for 11:00 a.m., 6/14/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                LREF
                                                                Blank 27 Filed: 4/25/2000, Entered: 4/26/2000 Order
                                                                ORDER set Status Conference for 11:00 a.m., 5/30/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                  LREF
                                                                  Blank 26 Filed: 3/14/2000, Entered: 3/16/2000 Order
                                                                  ORDER set Status Conference for 10:00 a.m., 4/25/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                    LREF
                                                                    Blank 25 Filed: 2/29/2000, Entered: 3/2/2000 Order
                                                                    ORDER set Status Conference for 11:00 a.m., 3/14/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                      LREF
                                                                      Blank 24 Filed: 1/12/2000, Entered: 1/12/2000
                                                                      ORDER set Status Conference for 10:00 a.m., 2/28/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                        LREF
                                                                        Blank 23 Filed: 1/10/2000, Entered: 1/10/2000
                                                                        ORDER set Status Conference for 10:00 a.m., 1/12/00. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                          LREF
                                                                          Blank 22 Filed: 1/5/2000, Entered: 1/5/2000
                                                                          Life Care Plan (Notebook 6) by ANDRE RONNIE PERNELL DAVIS JR. Service: 1/4/00 (AB)
                                                                            LREF
                                                                            Blank 21 Filed: 1/5/2000, Entered: 1/5/2000
                                                                            Notice of filing Notebook 5 (Medical Evaluation of Howard KAtz, M.D.) by ANDRE RONNIE PERNELL DAVIS JR. Service: 12/20/99 (AB)
                                                                              LREF
                                                                              Blank 20 Filed: 10/27/1999, Entered: 10/29/1999 notice of filing
                                                                              Notice of filing Exhibits Q-S by ANDRE RONNIE PERNELL DAVIS JR., CARMEN DAVIS. Service: 10/25/99 (JT)
                                                                                LREF
                                                                                Blank 19 Filed: 10/6/1999, Entered: 10/12/1999 Order
                                                                                ORDER set joint Life Care Plan due: 1/6/00 for HHS, for CARMEN DAVIS, for ANDRE RONNIE PERNELL DAVIS JR. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                                  LREF
                                                                                  Blank 18 Filed: 10/4/1999, Entered: 10/6/1999 Scheduling Order
                                                                                  SCHEDULING ORDER setting Status Conference set for: 11:00 a.m. 10/5/99 (signed by Special Master E. L. French). Copy to parties. (FE)
                                                                                    LREF
                                                                                    Blank 17 Filed: 8/16/1999, Entered: 8/16/1999
                                                                                    ORDER re: Petitioner shall confer with Respondent and contact the court by 9/17/99 re: the initial status conference. Set Life Care Plan due: 11/16/99 for CARMEN DAVIS, for ANDRE RONNIE PERNELL DAVIS JR. or set Petitioners' Status Report deadline to 11/16/99. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                                                      Blank 16 Filed: 8/12/1999, Entered: 8/13/1999 Respondent's Report
                                                                                      RESPONDENT'S AMENDED REPORT. Service: 8/11/99 (JT)
                                                                                        LREF
                                                                                        Blank 15 Filed: 8/10/1999, Entered: 8/12/1999 notice of filing
                                                                                        Notice of filing supplemental information of additional exhibits (Notebook 3 of 3) by ANDRE RONNIE PERNELL DAVIS JR., CARMEN DAVIS. Service: 8/9/99 (JT)
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                                                                                          Blank 14 Filed: 6/29/1999, Entered: 6/30/1999 notice of filing
                                                                                          Notice of filing "To Continue With Proceedings Set Forth In Petition" by ANDRE RONNIE PERNELL DAVIS JR. and CARMEN DAVIS. Service: 6/23/99. (FE)
                                                                                            LREF
                                                                                            Blank 13 Filed: 6/15/1999, Entered: 6/18/1999 Order
                                                                                            ORDER set Notice of Compliance deadline to 7/15/99 for Petitioner to file a notice continuing or withdrawing the petition. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                                                              Blank 12 Filed: 1/13/1999, Entered: 1/15/1999 notice of filing
                                                                                              Notice of filing Exhibits I - O3 by ANDRE RONNIE PERNELL DAVIS JR., CARMEN DAVIS. Service: 12/18/98 (JT)
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                                                                                                Blank 11 Filed: 12/14/1998, Entered: 12/15/1998 Order
                                                                                                ORDER suspending the matter for 180 days. This suspension does not affect the proceedings of this case, it merely delays the date by which a decisioin must be issued. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                                                                  Blank 10 Filed: 12/1/1998, Entered: 12/7/1998 Scheduling Order
                                                                                                  SCHEDULING ORDER setting Expert Report due: 12/21/98 for CARMEN DAVIS, for ANDRE RONNIE PERNELL DAVIS JR. ( signed by Special Master E. L. French ). Copy to parties. (FE)
                                                                                                    LREF
                                                                                                    Blank 9 Filed: 10/19/1998, Entered: 10/22/1998 Order
                                                                                                    ORDER set Petitioner's Status Report deadline to 12/10/98. ( signed by Special Master E. L. French ) Copy to parties. (JT)
                                                                                                      LREF
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                                                                                                      Blank 8 Filed: 9/9/1998, Entered: 9/14/1998 Order
                                                                                                      ORDER set Petitioners' Status Report deadline to 11/10/98. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                                                                        Blank 7 Filed: 9/1/1998, Entered: 9/2/1998 Order
                                                                                                        ORDER set telephonic Status Conference for 3:30 p.m., 9/8/98. ( signed by Special Master E. L. French ) Copy to parties. (JT) Modified on 09/02/1998
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                                                                                                          Blank 6 Filed: 7/28/1998, Entered: 7/30/1998 Respondent's Report
                                                                                                          RESPONDENT'S REPORT. Service: 7/28/98 (JT)
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                                                                                                            Blank 5 Filed: 7/7/1998, Entered: 7/9/1998 notice of filing
                                                                                                            Notice of filing replacement copy of original set of documents which has been sectioned, paginated and tabbed by ANDRE RONNIE PERNELL DAVIS JR. Service: 7/7/98 (AB)
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                                                                                                              Blank 4 Filed: 5/7/1998, Entered: 5/11/1998 Notice of Appearance/
                                                                                                              NOTICE of Attorney Appearance for HHS by Ruth Lynne Harris. Service : 5/6/98 (JT)
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                                                                                                                Blank 3 Filed: 5/4/1998, Entered: 5/7/1998 Order
                                                                                                                ORDER re: Vaccine Rule 4(a). Petitioner shall confer with Respondent and contact the court by June 1, 1998 to schedule the initial conference call. ( signed by Special Master E. L. French ) Copy to parties. (JT)
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                                                                                                                  Blank 2 Filed: 4/21/1998, Entered: 4/23/1998 Case Assigned/Reassigned to Special Master
                                                                                                                  NOTICE OF assignment to Special Master E.L. French. Copy to parties. (FE)
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                                                                                                                    Blank 1 Filed: 4/21/1998, Entered: 4/23/1998 Petition
                                                                                                                    PETITION (Filed with volumes 1-5, containing Exhibits A-H), by ANDRE RONNIE PERNELL DAVIS JR., by and through CARMEN DAVIS, his guardian and natural mother. FILING FEE $120, RECEIPT #045378, Vac. Date: 4/26/95 (Respondent's report due 7/20/98). (FE)
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                                                                                                                      Blank -- Filed: 4/21/1998, Entered: 4/23/1998 Case Assigned/Reassigned
                                                                                                                      CASE assigned to Judge Unassigned. (FE)
                                                                                                                        LREF

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