KERNS et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:05-vv-00029-UNJ

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No Logo BROOKLYN MARIE KERNS, Petitioner

Toggle Switch Represented by Maglio Christopher & Toale, PA

Name Phone Fax E-Mail
Space Anne Carrion Toale +1 941 952 5242 +1 941 952 5042 atoale@mctlawyers.com
No Logo CLAYTON KERNS, Petitioner

Toggle Switch Represented by Maglio Christopher & Toale, PA

Name Phone Fax E-Mail
Space Anne Carrion Toale +1 941 952 5242 +1 941 952 5042 atoale@mctlawyers.com
No Logo TARA KERNS, Petitioner

Toggle Switch Represented by Maglio Christopher & Toale, PA

Name Phone Fax E-Mail
Space Anne Carrion Toale +1 941 952 5242 +1 941 952 5042 atoale@mctlawyers.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 James Andreas Reistrup +1 202 616 4136 james.reistrup@usdoj.gov
Office COFC
Filed 1/7/2005
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 - Judgment in Lump Sum
County None
Terminated 12/6/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
  Entries (27) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 24 Filed: 12/6/2005, Entered: 12/9/2005 Petitioner's Election to Accept Judgment
Petitioner's Election to Accept [22] Judgment,. Service: 12/02/05.(tjk, )
    LREF
    Blank 22 Filed: 12/6/2005, Entered: 12/6/2005
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioners are awarded compensation in the amount of $225,000.00 in the form of a check payable to petitioners. Further, petitioners are awarded $7,260.90 in attorney's fees and costs. This award shall be made payable jointly to Clayton and Tara Kerns, and Ms. Anne Toale. (lld, )
      LREF
      Blank 23 Filed: 12/5/2005, Entered: 12/8/2005 notice of filing
      NOTICE OF FILING AFFIDAVITS by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 11/29/05.(tjk, )
        LREF
        Blank 21 Filed: 12/1/2005, Entered: 12/6/2005 Notice Not to Seek Review
        JOINT NOTICE Not to Seek Review, filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS, SECRETARY OF HEALTH AND HUMAN SERVICES re [20] DECISION of Special Master. (tjk, )
          LREF
          Blank 20 Filed: 11/30/2005, Entered: 12/1/2005 DECISION of Special Master
          DECISION AWARDING DAMAGES AND ATTORNEY'S FEES AND COSTS. Signed by Special Master Laura D. Millman. (tjk, )
            LREF
            Blank 19 Filed: 11/10/2005, Entered: 11/14/2005 Stipulation
            STIPULATION, filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS, SECRETARY OF HEALTH AND HUMAN SERVICES. (tjk, )
              LREF
              Blank 18 Filed: 10/17/2005, Entered: 10/19/2005 Status Report
              STATUS REPORT by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/17/05.(tjk, )
                LREF
                Blank 17 Filed: 8/31/2005, Entered: 9/6/2005 Status Report/Order
                STATUS REPORT ORDER Respondent shall file a Status Report due by 9/14/2005. Upon respondent's filing of the status report the undersigned will issue a 15-week Order. Signed by Special Master Laura D. Millman. (tjk, )
                  LREF
                  Blank 16 Filed: 8/19/2005, Entered: 8/23/2005 Terminated:
                  MOTION for Extension of Time until 9/28/05 to to file the medical expert report and Rule 4(b) Report filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 8/19/05. Response due by 9/6/2005. (tjk, )
                    LREF
                    Blank 15 Filed: 8/3/2005, Entered: 8/8/2005 Order on Motion for Extension of Time to File
                    ORDER granting [13] Motion for Extension of Time to file the Medical Expert Report. The Expert Report and CV are now due by 8/26/2005. Status Conference scheduled for 8/08/05, at 10:30 am (EDT) is cancelled and rescheduled for 8/31/05, at 10:00 am (EDT). Signed by Special Master Laura D. Millman. (tjk, )
                      LREF
                      Blank -- Filed: 8/3/2005, Entered: 8/8/2005 Set Deadlines/Hearings:
                      Set Deadlines/Hearings: Status Conference reset for 8/31/2005 10:00 AM (EDT) before Special Master Laura D. Millman. (tjk, )
                        LREF
                        Blank 14 Filed: 8/2/2005, Entered: 8/5/2005 notice of filing
                        NOTICE OF FILING [Exhibit A] by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/02/05.(tjk, )
                          LREF
                          Blank 13 Filed: 7/29/2005, Entered: 8/4/2005, Terminated: 8/3/2005 Terminated:
                          MOTION for Extension of Time until 8/21/05 to to file the Medical Expert Report filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS.Service: 7/29/05. Response due by 8/15/2005. (tjk, )
                            LREF
                            Blank 12 Filed: 6/20/2005, Entered: 6/24/2005 Status Report
                            STATUS REPORT by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 6/14/05.(tjk, )
                              LREF
                              Blank 11 Filed: 6/17/2005, Entered: 6/23/2005 Scheduling Order
                              SCHEDULING ORDER: Respondent shall file a Medical Expert Report and accompanying CV due by 8/1/2005. Status Conference set for 8/8/2005 10:30 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                LREF
                                Blank 10 Filed: 6/6/2005, Entered: 6/8/2005 notice of filing
                                NOTICE OF FILING Affidavits by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 6/03/05.(tjk, )
                                  LREF
                                  Blank 9 Filed: 4/28/2005, Entered: 5/2/2005 Medical Records
                                  MEDICAL RECORDS [Exhibit(s) #16] filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 4/14/05.(tjk, )
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                                    Blank 8 Filed: 4/4/2005, Entered: 4/6/2005 Description not available
                                    ORDER: Petitioner has authority to subpoena the prenatal records. Respondent has authority to subpoena the autopsy records of case 03-919 mentioned on page 167 of the petitioners' medical records. Petitioners shall each file an affidavit, unless the father's information is minimal. If available, Dr. Kinsbourne's report and CV shall be filed before the next telephonic status conference which will is set for 6/16/2005 10:30 AM (EDT) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                      LREF
                                      Blank -- Filed: 4/4/2005, Entered: 4/4/2005
                                      Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on April 4, 2005. (tlj, )
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                                        Blank 7 Filed: 3/8/2005, Entered: 3/9/2005 Amended Petition
                                        AMENDED PETITION re: [1] Petition filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 3/04/05.(tjk, )
                                          LREF
                                          Blank 6 Filed: 3/4/2005, Entered: 3/7/2005 Description not available
                                          ORDER: Prior to the next status conference, petitioner shall file all available medical records. Status Conference set for 4/4/2005 11:30 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                            LREF
                                            Blank 5 Filed: 3/4/2005, Entered: 3/7/2005 Medical Records
                                            MEDICAL RECORDS [Exhibit(s) #1-15] filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS. Service: 2/25/05.(tjk, )
                                              LREF
                                              Blank -- Filed: 3/3/2005, Entered: 3/3/2005
                                              Minute Entry for proceedings held before Special Master Laura D. Millman : Telephone Conference held on March 3, 2005. (tlj, )
                                                LREF
                                                Blank 4 Filed: 2/16/2005, Entered: 2/18/2005 Description not available
                                                ORDER: Initial Status Conference set for 3/3/2005 11:00 AM (EST) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
                                                  LREF
                                                  Blank 3 Filed: 1/28/2005, Entered: 2/2/2005 Notice of Appearance/
                                                  NOTICE of Appearance by James Andreas Reistrup for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/28/05.(tjk, )
                                                    LREF
                                                    Blank 2 Filed: 1/10/2005, Entered: 1/12/2005 Notice Of Assignment
                                                    NOTICE of Assignment to Special Master Laura Millman. (tjk, )
                                                      LREF
                                                      Blank 1 Filed: 1/10/2005, Entered: 1/12/2005 Petition
                                                      PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $150, Receipt number 062053) , filed by CLAYTON KERNS, TARA KERNS, BROOKLYN MARIE KERNS.Respondents Report Due by 4/11/2005.(tjk, )
                                                        LREF

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