MCANALLY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:04-vv-01594-UNJ

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No Logo DARRIN JAMES PIAZZA, Petitioner
No Logo MISTY MCANALLY, Petitioner
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 Alexis B Babcock +1 202 616 7678 +1 202 616 4310 alexis.babcock@usdoj.gov
Office COFC
Filed 10/25/2004
Jury Demand None
Demand
Nature of Suit 483 - Death - Other
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Vaccine - Dismissed by Special Master
County None
Terminated 7/6/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 34 Filed: 7/6/2006, Entered: 7/6/2006
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that the petition is dismissed for failure to prosecute. (lld, )
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    Blank 33 Filed: 5/12/2006, Entered: 6/28/2006 DECISION of Special Master
    DECISION Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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      Blank 32 Filed: 5/12/2006, Entered: 5/15/2006 Order
      ORDER VACATING the [30]Dismissal Order filed on 5/11/06; and Vacate the [31] Order of 5/11/06 which filed by leave of the undersigned the letter to Mrs. Key and the Dismissal Order of 5/11/06. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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        Blank 31 Filed: 5/11/2006, Entered: 5/12/2006 Order
        ORDER re: The letter and [30] Dismissal Order shall be sent via certified mail to Mrs. Betty Key, at 316 South 14 1/2 Street, Nederland, TX 77627-4524. Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) VACATED PER ORDER OF 5/12/06
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          Blank 30 Filed: 5/11/2006, Entered: 5/12/2006 DECISION of Special Master
          DISMISSAL ORDER Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) [VACATED PER ORDER OF 5/12/06]
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            Blank 29 Filed: 3/20/2006, Entered: 3/21/2006 Transcript
            TRANSCRIPT of Proceedings held on March 7, 2006 before Special Master Patricia Campbell-Smith. (dw1)
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              Blank -- Filed: 3/10/2006, Entered: 3/10/2006
              Set/Reset Transcript Deadlines: Transcript due by 4/7/2006. (vp1, )
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                Blank 28 Filed: 3/8/2006, Entered: 3/14/2006 Order on Motion to Withdraw as Attorney
                ORDER granting [19] Motion to Withdraw as Attorney. Attorney James Arthur Morris, Jr terminated. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                  Blank 27 Filed: 3/8/2006, Entered: 3/14/2006 Order to Show Cause
                  ORDER TO SHOW CAUSE. On or before 5/08/06, petitioner, Ms. McAnally, shall contact the court at 1440 New York Ave, NW, Ste 200, Washington, D.C. 20005 (202) 357-6361, to provide a current address and phone number at which she can be contacted to discuss further the proceedings in this case. If petitioner does not contact the court by this date, this petition WILL BE DISMISSED for failure to prosecute. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                    Blank 26 Filed: 3/8/2006, Entered: 3/14/2006 Order
                    ORDER re: The letter attached to this order to Mrs. Betty Key and the Order to Show Cause are hereby filed by my leave. The Order to Show Cause is being sent to Mrs. Key due to the court's inability to contact the petitioner. The letter and Show Cause Order shall be sent via certified mail to Mrs. Betty Key at 316 South 14-1/2 Street, Nederland, Texas 77627-4524. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                      Blank -- Filed: 3/7/2006, Entered: 3/7/2006
                      Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A Telephonic Status Conference was held on March 7, 2006, from 11:30-11:55 a.m. Mr. Matthew Matheny represented petitioner and Ms. Alexis Babcock represented respondent. (als, )
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                        Blank 25 Filed: 2/28/2006, Entered: 3/7/2006 Description not available
                        STATUS CONFERENCE ORDER: Telephonic Status Conference set for 3/7/2006 11:30 AM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                          Blank 24 Filed: 2/8/2006, Entered: 2/10/2006 Order Reassigning Case Special Master
                          ORDER REASSIGNING CASE. Case reassigned to Special Master Patricia E. Campbell-Smith for all further proceedings. Special Master Margaret M. Sweeney no longer assigned to case. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                            Blank 23 Filed: 12/8/2005, Entered: 12/14/2005 Response
                            RESPONSE to [22] Order,, , filed by MISTY MCANALLY, DARRIN JAMES PIAZZA. Service: (Copy to DOJ). (tjk, )
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                              Blank 22 Filed: 12/1/2005, Entered: 12/5/2005 Order
                              ORDER re The special master directs petitioner's counsel to hand deliver a copy of this order to petitioner and then provide the court with proof of delivery. Once counsel has taken these steps, the court will permit him to withdraw as counsel of record. Petitioner, Misty McAnally, is hereby directed, no later than 1/31/06, to provide the court with a current address and telephone number. If petitioner does not contact the court with this information, she could face a dismissal of her case for failure to prosecute. Signed by Special Master Margaret Sweeney. (tjk, )
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                                Blank 21 Filed: 8/30/2005, Entered: 9/5/2005 Order
                                ORDER Petitioner, Misty McAnally is hereby directed, no later than 9/28/05, to provide the court with (1) a current address at which the court can send her mail and (2) a current telephone number at which the court can leave her messages. Signed by Special Master Margaret Sweeney. (tjk, )
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                                  Blank 20 Filed: 8/22/2005, Entered: 8/24/2005 Respondent's Report
                                  Respondent's Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 8/22/05. (tjk, )
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                                    Blank 19 Filed: 8/15/2005, Entered: 8/18/2005, Terminated: 3/8/2006 Terminated:
                                    MOTION to Withdraw as Attorney by James Arthur Morris, Jr filed by on behalf of MISTY MCANALLY, DARRIN JAMES PIAZZA.Service: 8/11/05. Response due by 8/29/2005. (tjk, )
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                                      Blank 18 Filed: 7/7/2005, Entered: 7/10/2005 Order
                                      ORDER: Respondent's counsel shall file a Rule 4(b) Report by no later than 8/22/05. Petitioner's counsel shall file petitioner's affidavit by no later than 8/04/05. Signed by Special Master Margaret Sweeney. (tjk, )
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                                        Blank 17 Filed: 7/7/2005, Entered: 7/10/2005 Notice Regarding Statutory Requirement
                                        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 Margaret Sweeney. (tjk, )
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                                          Blank -- Filed: 7/7/2005, Entered: 7/10/2005 Set Deadlines/Hearings:
                                          Set Deadlines/Hearings: Respondents Report Due by 8/22/2005. (tjk, )
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                                            Blank 16 Filed: 7/6/2005, Entered: 7/10/2005 notice of filing
                                            NOTICE OF FILING [Exhibit A] by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/06/05.(tjk, )
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                                              Blank 15 Filed: 6/27/2005, Entered: 6/27/2005 Court Filing
                                              TRANSCRIPT of Proceedings held on 5/25/05 before Judge Margaret M. Sweeney. (tjk, )
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                                                Blank -- Filed: 6/8/2005, Entered: 6/8/2005
                                                Set/Reset Transcript Deadlines: Transcript due by 6/27/2005. (vp1, )
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                                                  Blank 14 Filed: 5/23/2005, Entered: 5/26/2005 Medical Literature
                                                  NOTICE OF FILING: SUPPLEMENTAL DOCUMENTS by Misty McAnally, as Legal Representative for Darrin James Piazza, deceased. (tjk, )
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                                                    Blank 13 Filed: 4/5/2005, Entered: 4/6/2005 Hearing Order
                                                    HEARING ORDER: The court will hear the Keys' testimony Wednesday, on 5/25/2005 01:00 PM (CDT). The testimony will be taken in Room 101 of the United States District Court, 300 Willow Street, Beaumont, Texas 77704 before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                      Blank 12 Filed: 4/4/2005, Entered: 4/6/2005 Expert Report
                                                      SUPPLEMENTAL EXPERT REPORT of Mark Thoman, M.D. filed by MISTY MCANALLY, DARRIN JAMES PIAZZA. (tjk, )
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                                                        Blank -- Filed: 4/4/2005, Entered: 4/4/2005
                                                        Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on April 4, 2005. Mr. Matthew Matheny represented petitioner and Ms. Alexis Babcock represented respondent. (kb1, )
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                                                          Blank 11 Filed: 3/10/2005, Entered: 3/15/2005 Description not available
                                                          ORDER: The court will hear the Keys' testimony on 5/25/05, at 1:00 p.m. (EDT), in Beaumont, Texas. Status Conference set for 4/4/2005 11:00 AM (EDT) before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                            Blank -- Filed: 3/9/2005, Entered: 3/9/2005
                                                            Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on March 9, 2005. Mr. Matthew Matheny represented petitioner and Ms. Alexis Babcock represented respondent. (kb1, )
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                                                              Blank 10 Filed: 2/28/2005, Entered: 3/2/2005 Scheduling Order
                                                              SCHEDULING ORDER: Status Conference set for 3/9/2005 11:00 AM (EST) before Special Master Margaret Sweeney. Petitioner's counsel shall file a more detailed affidavit from petitioner no later than 3/31/05. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                                Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on February 24, 2005. Mr. Matthew Matheny represented petitioner and Ms. Alexis Babcock represented respondent. (kb1, )
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                                                                  Blank 9 Filed: 2/17/2005, Entered: 2/22/2005 notice of filing
                                                                  NOTICE OF FILING Supplemental Documents: Affidavit of Misty McAnally, records from Tyler County Hospital and Supplemental report from Mark Thoman, M.D. by MISTY MCANALLY, DARRIN JAMES PIAZZA. Service: 2/14/05.(tjk, )
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                                                                    Blank 8 Filed: 1/11/2005, Entered: 1/17/2005 Description not available
                                                                    STATUS CONFERENCE ORDER: Status Conference reset for 2/24/2005 10:00 AM (EST) before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                      Blank 7 Filed: 12/10/2004, Entered: 12/15/2004 Scheduling Order
                                                                      SCHEDULING ORDER: Petitioner's counsel shall file the affidavit and medical records due by 2/7/2005. The court vacates the deadline for the Rule 4(b) Report. Status Conference set for 2/11/2005 10:00 AM (EST) before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                        Blank -- Filed: 12/10/2004, Entered: 12/10/2004
                                                                        Minute Entry for proceedings held before Special Master Margaret Sweeney : A Status Conference was held on December 9, 2004. Mr. Matthew Matheny represented petitioner and Ms. Alexis Babcock represented respondent. (kb1, )
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                                                                          Blank 6 Filed: 11/30/2004, Entered: 12/2/2004 Description not available
                                                                          STATUS CONFERENCE ORDER: Telephonic Status Conference set for 12/9/2004 03:00 PM (EST) before Special Master Margaret Sweeney. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                            Blank 5 Filed: 11/12/2004, Entered: 11/16/2004 notice of filing
                                                                            NOTICE OF FILING: [Exhibit #1- Birth records, Exhibit #2- Medical records, Exhibit #3- Report of Dr. Mark Thoman, Exhibit #4- CV of Dr. Thoman, Exhibit #5- Affidavit of Matthew Matheny] by MISTY MCANALLY, DARRIN JAMES PIAZZA. Service: (copy to respondent).(tjk, )
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                                                                              Blank 4 Filed: 11/12/2004, Entered: 11/16/2004 Notice of Appearance/
                                                                              NOTICE of Appearance by Alexis Bronwyn Babcock for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/10/04.(tjk, )
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                                                                                Blank 3 Filed: 10/28/2004, Entered: 10/29/2004 Order
                                                                                ORDER re: Petitioner shall confer with respondent and then contact the court by 11/29/04, to suggest three possible dates and times for the initial conference call. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                                  Blank 2 Filed: 10/25/2004, Entered: 10/27/2004 Notice Of Assignment
                                                                                  NOTICE of Assignment to Special Master Margaret Sweeney (tjk, )
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                                                                                    Blank 1 Filed: 10/25/2004, Entered: 10/27/2004 Petition
                                                                                    PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES {Exhibits returned due to deficiency}( Filing fee $150, Receipt number 061616) [Vaccination date: 11/06/02], filed by MISTY MCANALLY, DARRIS JAMES PIAZZA.Respondents Report Due by 1/23/2005.(tjk, )
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