OSWALT et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:03-vv-02153-UNJ

Tags No tags have been applied so far. Sign in to add some.
Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo ESABELLA OSWALT, Petitioner

Toggle Switch Represented by Whitfield Sharp & Sharp

Name Phone Fax E-Mail
Space Elaine Whitfield Sharp +1 781 629 1862 +1 781 333 4157 elainesharp@sharplaw.biz
No Logo VICTORIA LYNN OSWALT-HITE, Petitioner

Toggle Switch Represented by Whitfield Sharp & Sharp

Name Phone Fax E-Mail
Space Elaine Whitfield Sharp +1 781 629 1862 +1 781 333 4157 elainesharp@sharplaw.biz
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 Melonie J. McCall +1 202 616 4098 melonie.mccall@usdoj.gov
Office COFC
Filed 9/11/2003
Jury Demand None
Demand $0
Nature of Suit 483 - Death - Other
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Vaccine - Judgment in Lump Sum
County None
Terminated 7/31/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, ECF
  Entries (100) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Legal Document (Payment Possibly Required) 87 Filed: 8/15/2008, Entered: 8/15/2008
RESPONSE to "Petitioner's Reply to Government's Reply to Application for Attorneys' Fees and Costs", filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # (1) Exhibit Resp. Ex. B - Declaration of Daniel Van Horn)(McCall, Melonie)
    Request RequestSpace LREF
    Legal Document (Payment Possibly Required) 86 Filed: 7/11/2008, Entered: 7/11/2008
    SCHEDULING ORDER: On July 1, 2008, petitioner filed the documents requested in the undersigned's order of June 16, 2008. In light of these additional filings, respondent shall file a response, if any, to petitioner's amended attorney's fees and costs application by Friday, August 15, 2008. Signed by Special Master Laura D. Millman. (ml)
      Request RequestSpace LREF
      Legal Document (Payment Possibly Required) 85 Filed: 7/1/2008, Entered: 7/1/2008
      NOTICE OF FILING Notice of Filing SIGNED Affidavit of Attorney Patrick Ballard with Exhibit A attached by VICTORIA LYNN OSWALT-HITE. (Attachments: # (1) Affidavit SIGNED by Attorney Patrick Ballard and Exihibit A attached)(Sharp, Elaine)
        Request RequestSpace LREF
        Legal Document (Payment Possibly Required) 84 Filed: 7/1/2008, Entered: 7/1/2008
        RESPONSE to Govrernment's Opposition to Fees and Costs Petition, filed by VICTORIA LYNN OSWALT-HITE. (Attachments: # (1) Appendix Affidavit of Attoney Pat Ballard, # (2) Affidavit of Vicki Oswalt, # (3) Affidavit of Attorney Kevin Conway, # (4) Exhibit Amended Attorney Fees Invoice)(Sharp, Elaine)
          Request RequestSpace LREF
          Legal Document (Payment Possibly Required) 83 Filed: 6/16/2008, Entered: 6/16/2008
          SCHEDULING ORDER: On Monday, June 16, 2008, petitioner made an oral motion requesting a two-week extension of time to file: (1) an affidavit from petitioner that substantiates the establishment of a trust fund, as well as petitioner's grant of a power of attorney to petitioner's counsel allowing counsel to distribute funds out of that trust to pay the medical experts retained in this case; (2) a copy of the trust agreement; (3) a second amended application for fees and costs addressing the apparent duplication in sums paid to experts in this case and also responding specifically to respondent's response to petitioner's amended application for fees and costs. Respondent's counsel does not strenuously object; however, she does note the significant number of extensions requested by petitioner's counsel in preparing the application. The undersigned hereby grants the motion; however, in view of the increasing number of extensions requested and amount of time already passed in preparing the fees application, the undersigned orders petitioner's counsel to make every effort to file the above-noted documents by Monday, June 30, 2008. Signed by Special Master Laura D. Millman. (ml)
            Request RequestSpace LREF
            Legal Document (Payment Possibly Required) 82 Filed: 6/3/2008, Entered: 6/3/2008
            SCHEDULING ORDER:On Friday, May 30, 2008, petitioner made an oral motion requesting an extension of time to file: (1) an affidavit from petitioner that substantiates the establishment of a trust fund, as well as petitioners grant of a power of attorney to petitioner's counsel allowing counsel to distribute funds out of that trust to pay the medical experts retained in this case; (2) a copy of the trust agreement; (3) a second amended application for fees and costs addressing the apparent duplication in sums paid to experts in this case and also responding specifically to respondent's response to petitioner's amended application for fees and costs. Respondent does not object to the request. Petitioner's motion is hereby GRANTED. Petitioner shall file the above-noted documents by Monday, June 9, 2008. Signed by Special Master Laura D. Millman. (ml)
              Request RequestSpace LREF
              Legal Document (Payment Possibly Required) 81 Filed: 5/29/2008, Entered: 5/29/2008
              RESPONSE to Order of May 9, 2008, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (McCall, Melonie)
                Request RequestSpace LREF
                Legal Document (Payment Possibly Required) 80 Filed: 5/9/2008, Entered: 5/9/2008
                ORDER. At the end of petitioner's Second Reply to Government's Response to Petitioner's Petition for Costs and Attorney Fees, p. 4, petitioners counsel requests that the undersigned hold another telephonic conference as soon as possible to permit Mr. Ballard to address any issues regarding financial planning (as long as petitioner waives her attorney-client privilege). For now, the undersigned postpones holding a further status conference until petitioner's counsel files in more detail an explanation for the work for which Mr. Ballard wants to be paid that addresses his 2006 assistance as to the meaning of the Alabama statute that negates the necessity for petitioner to go to court to be appointed representative of the child Esabella's estate. Payment for Mr. Ballard's 2006 assistance is not at issue but his work from 2002 to 2006 is not clear and respondent has asserted that there is double billing with both petitioner's counsel and Mr. Ballard acting on behalf of petitioner. Signed by Special Master Laura D. Millman. (ml)
                  Request RequestSpace LREF
                  Legal Document (Payment Possibly Required) 79 Filed: 5/9/2008, Entered: 5/9/2008
                  SCHEDULING ORDER: Respondent shall explain, in light of petitioner's attachment (Exhibit 1) to her Second Reply to Respondent's Objections to Petition for Attorney's Fees and Costs which indicates that the United States Treasury issued a check totaling $222,000.00 to both petitioner and petitioner's counsel, why was petitioner's counsel a co-payee when the stipulation between the parties of July 14, 2000, the decision of the undersigned on July 19, 2006, and the judgment of July 31, 2006 based on the decision all state that a $222,000.00 check shall be made payable to petitioner. Respondent shall file an explanation by Friday, May 16, 2008. Signed by Special Master Laura D. Millman. (ml)
                    Request RequestSpace LREF
                    Legal Document (Payment Possibly Required) 78 Filed: 5/8/2008, Entered: 5/8/2008
                    RESPONSE to Order of 5-08-08, filed by VICTORIA LYNN OSWALT-HITE. (Attachments: # (1) Exhibit Copy of settlement check and limited power of attorney)(Sharp, Elaine)
                      Request RequestSpace LREF
                      Legal Document (Payment Possibly Required) 77 Filed: 5/8/2008, Entered: 5/8/2008
                      REPLY to Response to Motion re [71] First MOTION to Amend/Correct [67] Notice (Other), [68] Affidavit, [66] First MOTION for Attorney Fees by Petitioner Amended Fee PetitionFirst MOTION to Amend/Correct [67] Notice (Other), [68] Affidavit, [66] First MOTION for Attorney Fees by Petitioner Amended Fee Petition, [66] First MOTION for Attorney Fees by Petitioner, filed by VICTORIA LYNN OSWALT-HITE. (Attachments: # (1) Affidavit Affidavit of Victorie Oswalt)(Sharp, Elaine)
                        Request RequestSpace LREF
                        Legal Document (Payment Possibly Required) 76 Filed: 5/8/2008, Entered: 5/8/2008
                        SCHEDULING ORDER: A telephonic status conference was held on May 8, 2008. By Monday, June 2, 2008, petitioner shall file: (1) an affidavit from petitioner that substantiates the establishment of a trust fund, as well as petitioner's grant of a power of attorney to petitioner's counsel allowing counsel to distribute funds out of that trust to pay the medical experts retained in this case; (2) a copy of the trust agreement; (3) a second amended application for fees and costs addressing the apparent duplication in sums paid to experts in this case and also responding specifically to respondent's response to petitioners amended application for fees and costs. Signed by Special Master Laura D. Millman. (ml)
                          Request RequestSpace LREF
                          Blank -- Filed: 5/8/2008, Entered: 5/8/2008
                          Minute Entry for proceeding held in Washington, DC on 5/8/2008 held before Special Master Laura D. Millman: Status Conference held on 5/8/2008. [Total number of days of proceeding: 1]. Official Record of proceeding taken via electronic digital recording (EDR). A telephonic status conference was held on May 8, 2008. Petitioner will file the documents discussed during the status conference by Monday, June 2, 2008. (For parties in the case only, click HERE for link to Court of Federal Claims web site forms page for information on ordering: certified transcript from reporter or certified transcript of proceeding from official digital recording.)(ml)
                            LREF
                            Legal Document (Payment Possibly Required) 75 Filed: 5/7/2008, Entered: 5/7/2008
                            RESPONSE to Petitioner's Amended Fee Petition, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (McCall, Melonie)
                              Request RequestSpace LREF
                              Legal Document (Payment Possibly Required) 74 Filed: 5/5/2008, Entered: 5/5/2008
                              SCHEDULING ORDER: A telephonic status conference shall be held on Thursday, May 8, 2008, at 2:00 p.m. (EDT). Signed by Special Master Special Master Laura D. Millman. (ml)
                                Request RequestSpace LREF
                                Legal Document (Payment Possibly Required) 73 Filed: 4/9/2008, Entered: 4/9/2008
                                SCHEDULING ORDER: On Tuesday, April 8, 2008, respondent's counsel made an oral motion requesting a 30-day extension to file objections to petitioner's fees and costs application. Respondent's counsel also noted her need for additional documentation from petitioner's counsel in order to make her determination. After the undersigned's law clerk communicated with both counsel regarding the matter, the undersigned hereby GRANTS respondent's motion. Petitioner's counsel shall file the requested information no later than Wednesday, April 23, 2008. If respondent's counsel has any objections to petitioner's fees and costs application, she shall file them by May 6, 2008. Signed by Special Master Laura D. Millman. (ml)
                                  Request RequestSpace LREF
                                  Legal Document (Payment Possibly Required) 72 Filed: 3/12/2008, Entered: 3/12/2008
                                  ORDER. On Tuesday, March 11, 2008, respondent's counsel communicated her intention to review petitioner's amended fees and costs application filed March 10, 2008. Respondent will notify the court of objections to the application by Tuesday, April 8, 2008, or they shall be deemed waived. Signed by Special Master Laura D. Millman.
                                    Request RequestSpace LREF
                                    Legal Document (Payment Possibly Required) 71 Filed: 3/10/2008, Entered: 3/10/2008
                                    First MOTION to Amend/Correct [67] Notice (Other), [68] Affidavit, [66] First MOTION for Attorney Fees by Petitioner Amended Fee Petition, filed by VICTORIA LYNN OSWALT-HITE.Response due by 3/27/2008. (Attachments: # (1) Exhibit Summaries, Receipts, Business Records# (2) Affidavit Affidavit of Elaine Whitfield Sharp)(Sharp, Elaine)
                                      Request RequestSpace LREF
                                      Legal Document (Payment Possibly Required) 70 Filed: 3/7/2008, Entered: 3/7/2008
                                      ORDER. Petitioner's oral motion for a three-day extension of time is granted. Petitioner shall file an amended application for attorney's fees and costs by Monday, March 10, 2008. Signed by Special Master Laura D. Millman.
                                        Request RequestSpace LREF
                                        Legal Document (Payment Possibly Required) 69 Filed: 2/5/2008, Entered: 2/5/2008
                                        SCHEDULING ORDER: Petitioner shall file the amended application for attorneys' fees and costs by Friday, March 7, 2008 or they shall be deemed waived. Signed by Special Master Laura D. Millman.
                                          Request RequestSpace LREF
                                          Legal Document (Payment Possibly Required) 68 Filed: 11/8/2007, Entered: 11/8/2007
                                          AFFIDAVIT re [66] First MOTION for Attorney Fees by Petitioner SIGNED AFFIDAVIT OF ELAINE SHARP by ESABELLA OSWALT. (Sharp, Elaine)
                                            Request RequestSpace LREF
                                            Legal Document (Payment Possibly Required) 67 Filed: 11/7/2007, Entered: 11/7/2007
                                            NOTICE, filed by ESABELLA OSWALT re [66] First MOTION for Attorney Fees by Petitioner Inex/List of Out of Pocket Expenses of $729.69. (Attachments: # (1) Exhibit List of Expenses to match bills filed)(Sharp, Elaine)
                                              Request RequestSpace LREF
                                              Legal Document (Payment Possibly Required) 66 Filed: 11/7/2007, Entered: 11/7/2007
                                              First MOTION for Attorney Fees by Petitioner, filed by ESABELLA OSWALT.Response due by 11/26/2007. (Attachments: # (1) Exhibit Exhibit 1 - fee petition# (2) Exhibit Exhibit 2 -- c.v. of Elaine Sharp# (3) Affidavit of Elaine Sharp# (4) Exhibit Patrick Ballard Invoice# (5) Exhibit Attorney Patrick Ballard's c.v.# (6) Exhibit Expenses# (7) Exhibit Petitioner and Counsel Statement# (8) Exhibit Experts Bills of $25.309.00# (9) Exhibit Expert Fees Summary)(Sharp, Elaine)
                                                Request RequestSpace LREF
                                                Legal Document (Payment Possibly Required) 65 Filed: 10/30/2007, Entered: 10/30/2007
                                                SCHEDULING ORDER: No later than Wednesday, November 7, 2007, petitioner shall file an application for fees and costs or they shall be deemed waived. Signed by Special Master Laura D. Millman.
                                                  Request RequestSpace LREF
                                                  Legal Document (Payment Possibly Required) 64 Filed: 9/5/2007, Entered: 9/5/2007
                                                  NOTICE of Designation of Electronic Case. (tjk, )
                                                    Request RequestSpace LREF
                                                    Blank 63 Filed: 9/5/2007, Entered: 9/5/2007
                                                    ORDER granting [62] Motion to convert case to ECF Signed by Special Master Laura D. Millman. (tjk, )
                                                      LREF
                                                      Blank 62 Filed: 9/4/2007, Entered: 9/4/2007, Terminated: 9/5/2007 Motion for Miscellaneous Relief
                                                      MOTION to convert case to an ECF case, filed by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 8/27/07.Response due by 9/13/2007. (tjk, )
                                                        LREF
                                                        Blank 61 Filed: 8/31/2007, Entered: 9/3/2007 Scheduling Order
                                                        SCHEDULING ORDER: Petitioner must file an application for Attorney's Fees and Costs, including a statement from petitioner regarding any costs petitioner incurred, and Patrick Ballard's fees and costs, due by 10/31/07. The Clerk is ORDERED to send a copy of this order to Patrick Ballard, 2214 2nd Ave North, Suite 100, Birmingham, AL 35203. Signed by Special Master Laura D. Millman. (tjk, )
                                                          LREF
                                                          Blank 60 Filed: 7/24/2007, Entered: 7/24/2007
                                                          ORDER: Petitioner's request is hereby GRANTED. No later than 8/31/07 petitioner shall file an application for fees and costs or they shall be deemed waived. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
                                                            LREF
                                                            Blank 59 Filed: 4/9/2007, Entered: 4/17/2007 Scheduling Order
                                                            SCHEDULING ORDER: Petitioner's request for a 3 month extension of time to file an application for fees and costs is GRANTED. No later than 8/01/07, petitioner shall file an application for fees and costs or they shall be deemed waived. Signed by Special Master Laura D. Millman. (tjk, )
                                                              LREF
                                                              Blank 58 Filed: 8/4/2006, Entered: 8/8/2006 Petitioner's Election to Accept Judgment
                                                              Petitioner's Election to Accept [56] Judgment. Service: 8/01/06.(tjk, )
                                                                LREF
                                                                Blank 57 Filed: 8/2/2006, Entered: 8/4/2006 Scheduling Order
                                                                SCHEDULING ORDER: Petitioner shall file an application for fees and costs or they shall be deemed waived. The Motion(s) due by 5/2/2007. Signed by Special Master Laura D. Millman. (tjk, )
                                                                  LREF
                                                                  Blank 56 Filed: 7/31/2006, Entered: 7/31/2006
                                                                  JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded competition in the amount of $222,000.00, in the form of a check payable to petitioner. (lld, )
                                                                    LREF
                                                                    Blank 55 Filed: 7/27/2006, Entered: 7/28/2006 Notice Not to Seek Review
                                                                    JOINT NOTICE Not to Seek Review, filed by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE, SECRETARY OF HEALTH AND HUMAN SERVICES re [54] DECISION of Special Master. Service: 7/27/06.(tjk, )
                                                                      LREF
                                                                      Blank 54 Filed: 7/19/2006, Entered: 7/21/2006 DECISION of Special Master
                                                                      DECISION Signed by Special Master Laura D. Millman. (tjk, )
                                                                        LREF
                                                                        Blank 53 Filed: 7/14/2006, Entered: 7/18/2006 Stipulation
                                                                        STIPULATION, filed by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE, SECRETARY OF HEALTH AND HUMAN SERVICES. (tjk, )
                                                                          LREF
                                                                          Blank 52 Filed: 6/9/2006, Entered: 6/14/2006 Order
                                                                          ORDER re Respondent shall file a status report once respondent has forwarded the damages stipulation to the petitioner. Signed by Special Master Laura D. Millman. (tjk, )
                                                                            LREF
                                                                            Blank 51 Filed: 5/24/2006, Entered: 5/25/2006 Affidavit
                                                                            NOTICE OF FILING [AFFIDAVIT] by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 5/22/06.(tjk, )
                                                                              LREF
                                                                              Blank 50 Filed: 5/22/2006, Entered: 5/24/2006 Order
                                                                              ORDER regarding the telephonic status conference held on 5/22/06. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                LREF
                                                                                Blank 49 Filed: 5/22/2006, Entered: 5/24/2006 notice of filing
                                                                                NOTICE OF FILING: Affidavit, death certificate, birth certificate in response to [47] Order by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 5/19/06.(tjk, )
                                                                                  LREF
                                                                                  Blank 48 Filed: 5/16/2006, Entered: 5/18/2006 Order
                                                                                  ORDER re [40] Order. The deadline set in the 4/13/06 order is hereby suspended. A new deadline shall be established during the next telephonic status conference. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                    LREF
                                                                                    Blank 47 Filed: 5/11/2006, Entered: 5/12/2006 Scheduling Order
                                                                                    SCHEDULING ORDER: The caption in this case is hereby CHANGED. Petitioner shall file the affidavit, along with certified copies of Esabella's birth certificate and death certificate, by 5/19/06. Telephonic Status Conference set for 5/22/2006 11:30 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                      LREF
                                                                                      Blank -- Filed: 5/11/2006, Entered: 5/11/2006
                                                                                      Minute Entry for proceedings held before Special Master Laura D. Millman : Telephonic Status Conference held on May 11, 2006. (tlj, )
                                                                                        LREF
                                                                                        Blank 46 Filed: 5/2/2006, Entered: 5/3/2006 Description not available
                                                                                        STATUS CONFERENCE ORDER: Status Conference reset for 5/11/2006 10:00 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                          LREF
                                                                                          Blank 45 Filed: 5/1/2006, Entered: 5/2/2006 Affidavit
                                                                                          AFFIDAVIT re [42] Scheduling Order, by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 4/28/06.(tjk, )
                                                                                            LREF
                                                                                            Blank 44 Filed: 5/1/2006, Entered: 5/2/2006 notice of filing
                                                                                            NOTICE OF FILING Response to Order of 4/21/06 by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/01/06.(tjk, )
                                                                                              LREF
                                                                                              Blank 43 Filed: 4/27/2006, Entered: 4/28/2006 Scheduling Order
                                                                                              SCHEDULING ORDER: Status Conference set for 5/2/2006 02:00 PM in Chambers (Telephonic) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (mij, )
                                                                                                LREF
                                                                                                Blank 42 Filed: 4/21/2006, Entered: 4/24/2006 Scheduling Order
                                                                                                SCHEDULING ORDER: Petitioner shall file an affidavit due by 5/01/06. Respondent shall file any argument due by 5/01/06. Telephonic Status Conference set for 5/2/2006 02:00 PM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                  LREF
                                                                                                  Blank 41 Filed: 4/14/2006, Entered: 4/18/2006 Status Report
                                                                                                  STATUS REPORT notifying the court of extention of time, filed by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 4/14/2006.(mij, )
                                                                                                    LREF
                                                                                                    Blank 40 Filed: 4/13/2006, Entered: 4/17/2006 Order
                                                                                                    ORDER granting petitioner's request for an extention of time. Peitioner shall file a stipulation or status report due by 5/15/2006. Signed by Special Master Laura D. Millman. (mij, )
                                                                                                      LREF
                                                                                                      Save 25% on a pre-paid one year subscription.
                                                                                                      Blank 39 Filed: 4/4/2006, Entered: 4/7/2006 Order
                                                                                                      ORDER re: The deadlines set in the Court's November 17, 2005 Order are suspended pending the requirements to finalize the stipulation. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                        LREF
                                                                                                        Blank 38 Filed: 4/3/2006, Entered: 4/6/2006 Scheduling Order
                                                                                                        SCHEDULING ORDER:Status Conference set for 4/20/2006 02:00 PM in Chambers (Telephonic) before Special Master Laura D. Millman.Signed by Special Master Laura D. Millman. (mij, )
                                                                                                          LREF
                                                                                                          Blank 37 Filed: 3/3/2006, Entered: 3/9/2006 Status Report
                                                                                                          STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/03/06.(tjk, )
                                                                                                            LREF
                                                                                                            Blank 36 Filed: 11/17/2005, Entered: 11/21/2005 15-Week Stipulation Order
                                                                                                            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.Respondents Status Report due by 3/3/2005. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                              LREF
                                                                                                              Blank -- Filed: 11/17/2005, Entered: 11/17/2005
                                                                                                              Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on November 17, 2005. (tlj, )
                                                                                                                LREF
                                                                                                                Blank 35 Filed: 10/18/2005, Entered: 10/24/2005 Description not available
                                                                                                                ORDER: If the parties are unable to settle this case, respondent is instructed to file a Rule 4(b) Report. Telephonic Status Conference set for 11/17/2005 10:30 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                  LREF
                                                                                                                  Blank -- Filed: 10/17/2005, Entered: 10/17/2005
                                                                                                                  Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on October 17, 2005. (tlj, )
                                                                                                                    LREF
                                                                                                                    Blank 34 Filed: 9/20/2005, Entered: 9/26/2005 Description not available
                                                                                                                    STATUS CONFERENCE ORDER: By the next status conference, the parties shall inform the undersigned if they are unable to settle. The next Status Conference set for 10/17/2005 02:00 PM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                      LREF
                                                                                                                      Blank 33 Filed: 9/9/2005, Entered: 9/13/2005 Scheduling Order
                                                                                                                      SCHEDULING ORDER: Petitioner shall call Respondent by 9/14/2005. Signed by Special Master Laura D. Millman. (mb2, )
                                                                                                                        LREF
                                                                                                                        Blank 32 Filed: 9/2/2005, Entered: 9/7/2005 Description not available
                                                                                                                        STATUS CONFERENCE ORDER: Telephonic Status Conference set for 9/19/2005 02:00 PM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                          LREF
                                                                                                                          Blank 31 Filed: 9/1/2005, Entered: 9/6/2005 notice of filing
                                                                                                                          NOTICE OF FILING Pursuant to Order (Supplemental report of Jan E. Leestma, M.D., M.M.; Report and CV of Vera Byers, M.D., PhD,; Report of J.C. Downs, M.D.; Affidavit of Victoria Oswalt and Report of Marcel Kinsbourne, M.D.] by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 8/31/05.(tjk, )
                                                                                                                            LREF
                                                                                                                            Blank 30 Filed: 8/16/2005, Entered: 8/19/2005 Notice of Appearance/
                                                                                                                            NOTICE of Appearance by Melonie June McCall for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/16/05.(tjk, )
                                                                                                                              LREF
                                                                                                                              Blank 29 Filed: 7/29/2005, Entered: 8/4/2005 Scheduling Order
                                                                                                                              SCHEDULING ORDER: Per petitioner's request, the deadline of 8/01/05, by which time petitioner was to have filed all materials, including Dr. Byers' report and CV, Dr. Leestma's supplemental report, Dr. Down's report, petitioner's affidavit, test results and other revalant materials, is postponed until 9/01/05. The telephonic status conference scheduled for 8/08/05, at 11:00 AM, is postponed. Petitioner shall make a settlement demand on respondent at this time. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                LREF
                                                                                                                                Blank 28 Filed: 6/30/2005, Entered: 7/1/2005 notice of filing
                                                                                                                                NOTICE OF FILING documetns produced by the Center for Biologics Evaluation and Research by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 6/29/05.(tjk, )
                                                                                                                                  LREF
                                                                                                                                  Blank 27 Filed: 6/30/2005, Entered: 7/1/2005 Scheduling Order
                                                                                                                                  SCHEDULING ORDER: Petitioner shall file all materials discussed at the 6/30/05 status conference, including Dr. Byer's report and CV, Dr. Leestma's supplemental report, Dr. Jamie Downs' report, petitioner's affidavit and the medical testing results. The next Telephonic Status set for 8/8/2005 11:00 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                    LREF
                                                                                                                                    Blank -- Filed: 6/30/2005, Entered: 6/30/2005
                                                                                                                                    Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on June 30, 2005. (tlj, )
                                                                                                                                      LREF
                                                                                                                                      Blank 26 Filed: 6/21/2005, Entered: 6/24/2005 Description not available
                                                                                                                                      STATUS CONFERENCE ORDER: The telephonic status conference scheduled for 6/21/05 was cancelled at petitioner's request. The next Status Conference set for 6/30/2005 11:00 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                        LREF
                                                                                                                                        Blank 25 Filed: 5/10/2005, Entered: 5/13/2005 Scheduling Order
                                                                                                                                        SCHEDULING ORDER: Petitioner shall file Dr. Byers' expert report, CV due by 6/17/05. If Dr. Byers relies on the material provided by CBER, petitioner shall also file that material by 6/17/05. Telephonic Status Conference set for 6/21/2005 10:30 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                          LREF
                                                                                                                                          Blank -- Filed: 5/10/2005, Entered: 5/10/2005
                                                                                                                                          Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on May 10, 2005. (tlj, )
                                                                                                                                            LREF
                                                                                                                                            Blank 24 Filed: 4/12/2005, Entered: 4/13/2005 Description not available
                                                                                                                                            ORDER: Petitioner shall file a third affidavit as soon as possible. If available, prior to the next status conference, petitioner shall file a medical expert report and accompanying CV from Dr. Vera Byers. Status Conference set for 5/10/2005 10:30 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                              LREF
                                                                                                                                              Blank -- Filed: 4/8/2005, Entered: 4/8/2005
                                                                                                                                              Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on April 8, 2005. (tlj, )
                                                                                                                                                LREF
                                                                                                                                                Blank 23 Filed: 3/25/2005, Entered: 3/30/2005 Description not available
                                                                                                                                                STATUS CONFERENCE ORDER: As soon as possible, petitioner shall file a third affidavit. Status Conference set for 4/8/2005 11:00 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                  LREF
                                                                                                                                                  Blank -- Filed: 3/24/2005, Entered: 3/24/2005
                                                                                                                                                  Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on March 24, 2005. (tlj, )
                                                                                                                                                    LREF
                                                                                                                                                    Blank 22 Filed: 3/23/2005, Entered: 3/29/2005 Description not available
                                                                                                                                                    STATUS CONFERENCE ORDER: At request of the petitioner, the Status Conference is reset for 3/24/2005 02:30 PM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                      LREF
                                                                                                                                                      Blank 21 Filed: 2/23/2005, Entered: 2/28/2005 Description not available
                                                                                                                                                      STATUS CONFERENCE ORDER: Status Conference set for 3/24/2005 11:30 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                        LREF
                                                                                                                                                        Blank 20 Filed: 2/18/2005, Entered: 2/23/2005 Status Report
                                                                                                                                                        STATUS REPORT by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/18/05.(tjk, )
                                                                                                                                                          LREF
                                                                                                                                                          Blank 19 Filed: 1/19/2005, Entered: 1/21/2005 Order
                                                                                                                                                          ORDER: Petitioner's oral motion for issuance of subpoena is GRANTED. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                            LREF
                                                                                                                                                            Blank 18 Filed: 1/18/2005, Entered: 1/21/2005 Description not available
                                                                                                                                                            ORDER: Petitioner shall file a third affidavit as soon as possible. Petitioner's response to the undersigned's Order to Show Cause, due 1/28/05, is indefinately postponed. Status Conference set for 2/14/2005 10:30 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                              LREF
                                                                                                                                                              Blank -- Filed: 1/14/2005, Entered: 1/14/2005
                                                                                                                                                              Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on January 14, 2005. (tlj, )
                                                                                                                                                                LREF
                                                                                                                                                                Blank 17 Filed: 1/6/2005, Entered: 1/12/2005 Scheduling Order
                                                                                                                                                                SCHEDULING ORDER: Status Conference set for 1/11/2005 02:30 PM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (mb2, )
                                                                                                                                                                  LREF
                                                                                                                                                                  Blank 16 Filed: 12/17/2004, Entered: 12/20/2004 Order to Show Cause
                                                                                                                                                                  ORDER TO SHOW CAUSE: Petitioner shall file a Show Cause Response due by 2/28/2005. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                    LREF
                                                                                                                                                                    Blank 15 Filed: 11/16/2004, Entered: 11/18/2004 Description not available
                                                                                                                                                                    STATUS CONFERENCE ORDER:Telephonic Status Conference reset for 12/16/2004 10:00 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (jat, )
                                                                                                                                                                      LREF
                                                                                                                                                                      Blank 14 Filed: 9/30/2004, Entered: 10/1/2004 Description not available
                                                                                                                                                                      STATUS CONFERENCE ORDER: Status Conference reset for 11/16/2004 02:30 PM (EST) before Special Master Laura D. Millman. Prior to the next status conference, petitioner shall file a medical expert report and accompanying CV from Dr. Gerahty. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                        LREF
                                                                                                                                                                        Blank 13 Filed: 9/10/2004, Entered: 9/14/2004 notice of filing
                                                                                                                                                                        NOTICE OF FILING AMBULANCE/EMT RECORDS by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 6/30/04.(tjk, )
                                                                                                                                                                          LREF
                                                                                                                                                                          Blank 12 Filed: 8/31/2004, Entered: 9/1/2004 Medical Records
                                                                                                                                                                          MEDICAL RECORDS [Exhibit(s) #A] filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/31/04.(jat, )
                                                                                                                                                                            LREF
                                                                                                                                                                            Blank 11 Filed: 8/31/2004, Entered: 9/1/2004 Description not available
                                                                                                                                                                            ORDER: Prior to the next status conference, petitioner shall file any available EMS reports and a medical expert report and accompanying CV from Dr. Geraghty. Respondent shall file additional labor and delivery records as soon as possible. Status Conference set for 9/30/2004 02:30 PM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                              LREF
                                                                                                                                                                              Blank -- Filed: 8/31/2004, Entered: 8/31/2004
                                                                                                                                                                              Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on August 30, 2004. (tlj, )
                                                                                                                                                                                LREF
                                                                                                                                                                                Blank 10 Filed: 7/21/2004, Entered: 7/22/2004 Description not available
                                                                                                                                                                                STATUS CONFERENCE ORDER: Status Conference set for 8/30/2004 11:30 AM before Special Master Laura D. Millman. Prior to the next status conference, if available, petitioner shall file any EMS reports and a medical expert report and accompanying CV from Dr. Geraghty. Respondent's oral motion for issuance of a subpoena is granted. Respondent shall file any additional labor and delivery records as soon as possible. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                                  LREF
                                                                                                                                                                                  Blank -- Filed: 7/20/2004, Entered: 7/20/2004
                                                                                                                                                                                  Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on July 20, 2004. (tlj, )
                                                                                                                                                                                    LREF
                                                                                                                                                                                    Blank 9 Filed: 6/30/2004, Entered: 7/7/2004 Description not available
                                                                                                                                                                                    STATUS CONFERENCE ORDER: Prior to the next status conference, if available, petitioner shall file any additional labor and delivery records and any EMS reports. Status Conference reset for 7/20/2004 11:30 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank 8 Filed: 6/30/2004, Entered: 7/6/2004 notice of filing
                                                                                                                                                                                      NOTICE OF FILING: Autopsy Photographs by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE. Service: 6/30/04.(tjk, )
                                                                                                                                                                                        LREF
                                                                                                                                                                                        Blank 7 Filed: 4/28/2004, Entered: 4/29/2004 Scheduling Order
                                                                                                                                                                                        SCHEDULING ORDER:Petitioner shall file a Medical Expert Report and CV from Dr. Jan Leestma, any police reports and photographs, any autopsy photographs and a supplemental affidavit by 6/30/2004. Status Conference reset for 7/12/2004 11:30 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                                          LREF
                                                                                                                                                                                          Blank 6 Filed: 3/9/2004, Entered: 3/10/2004 Scheduling Order
                                                                                                                                                                                          SCHEDULING ORDER:Petitioner's Expert Report due by 4/16/2004. Petitioner shall file Supplemental Affidavit due by 4/16/2004. Status Conference set for 4/22/2004 02:30 PM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                                                                                                                                                            LREF
                                                                                                                                                                                            Blank -- Filed: 3/8/2004, Entered: 3/8/2004
                                                                                                                                                                                            Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on Monday, March 8, 2004. (tlj, )
                                                                                                                                                                                              LREF
                                                                                                                                                                                              Blank 5 Filed: 11/21/2003, Entered: 12/12/2003 Description not available
                                                                                                                                                                                              STATUS CONFERENCE ORDER: Status Conference set for 3/8/2004 10:30 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (jmm, )
                                                                                                                                                                                                LREF
                                                                                                                                                                                                Blank -- Filed: 11/21/2003, Entered: 11/21/2003
                                                                                                                                                                                                Minute Entry for proceedings held before Special Master Laura D. Millman : Status Conference held on November 21, 2003. (tlj, )
                                                                                                                                                                                                  LREF
                                                                                                                                                                                                  Blank 4 Filed: 11/3/2003, Entered: 11/17/2003 Scheduling Order
                                                                                                                                                                                                  SCHEDULING ORDER: Status Conference set for 11/21/2003 12:00 PM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (jmm, )
                                                                                                                                                                                                    LREF
                                                                                                                                                                                                    Blank 3 Filed: 10/6/2003, Entered: 10/17/2003 Notice of Appearance/
                                                                                                                                                                                                    NOTICE of Appearance by David Levon Terzian for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/06/03.(jmm, )
                                                                                                                                                                                                      LREF
                                                                                                                                                                                                      Blank 2 Filed: 9/11/2003, Entered: 9/17/2003 Case Assigned/Reassigned to Special Master
                                                                                                                                                                                                      Case Assigned to Special Master Laura D. Millman. (jmm, )
                                                                                                                                                                                                        LREF
                                                                                                                                                                                                        Blank 1 Filed: 9/11/2003, Entered: 9/17/2003 Petition
                                                                                                                                                                                                        PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $150, Receipt number 058678) [Vaccination date: September 11, 2001], filed by ESABELLA OSWALT, VICTORIA LYNN OSWALT-HITE.Respondents Report Due by 12/10/2003.(jmm, )
                                                                                                                                                                                                          LREF

                                                                                                                                                                                                          Statistics

                                                                                                                                                                                                          This case has been viewed 110 times.

                                                                                                                                                                                                          No comments have been added yet. Sign in to post a comment.
                                                                                                                                                                                                          Space
                                                                                                                                                                                                          Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                          Issues Laws Cases Pro Articles Firms Entities
                                                                                                                                                                                                           
                                                                                                                                                                                                          PlainSite
                                                                                                                                                                                                          Sign Up
                                                                                                                                                                                                          Need Password Help?