DEMPSEY et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:05-vv-00283-UNJ

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No Logo GERALD DEMPSEY, Petitioner
No Logo LIAM DEMPSEY, 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 Vincent James Matanoski +1 202 616 4124 +1 202 616 4310 vincent.matanoski@usdoj.gov
Office COFC
Filed 3/9/2005
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 - Dismissed by Special Master
County None
Terminated 9/22/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 36 Filed: 5/23/2007, Entered: 5/23/2007
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorneys' fees and costs in the amount of $12,871.49. This award shall be payable in three checks. the first check, in the amount of $150.00, shall be made payable to petitioner for the costs incurred in presenting this claim. The check shall be sent directly to the petitioner. A second check, in the amount of $10,235.49, shall be made payable to petitioner and to attorney Ronald Homer, Esq., jointly, for fees and costs expended in the preparation of this claim. This check shall be sent to the firm of Conway, Homer & Chin-Caplanm, PC, 16 Shawmut St., Boston, MA 02116. Mr. Homer may collect $10,235.49 from the $10,235.49 from the petitioner. A third check, in the amount of $2,486.00, shall be made payable to petitioner and to Professor Peter Meyers, Esq., jointly for fees and costs expended in the development of this claim. This check shall be sent to the Vaccine Injury Clinic of George Washington University Law School, 2000 G St., NW, Washington, DC 20052. Professor Meyers may colelct $2,486.00 from the petitioner. (lld)
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    Blank 35 Filed: 4/19/2007, Entered: 4/23/2007 DECISION of Special Master - Fees
    DECISION on Attorney's Fees and Costs Signed by Special Master Richard Abell. (tjk, )
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      Blank 34 Filed: 2/28/2007, Entered: 3/7/2007 Decision on Motion for Attorney Fees
      ORDER denying Respondent's Motion for Extension of Time to respond to Petitioner's Motion for Attorney Fees. Signed by Special Master Richard Abell. (tjk, )
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        Blank -- Filed: 1/11/2007, Entered: 1/11/2007
        Minute Entry: At 12:30 p.m., the Court successfully convened a status conference with Pro se Petitioner and Respondent at which time the Court granted, with no objection from Respondent, Petitioner's oral motion to include the applications for fees and costs by Mr. Homer and Professor Meyers with his own application for costs. Thus was a potentially quarrelsome standing issue resolved in an amicable manner.(dlm, )
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          Blank -- Filed: 1/11/2007, Entered: 1/11/2007
          Minute Entry: At 11:00 a.m., E.S.T. on 5 January 2007 the Court convened a status conference for the purpose of discussing applications for attorneys' fees and costs brought by former counsel. Pro se Petitioner did not make himself available for that call though he had previously agreed to do so. Therefore, the Court discussed matters with Michael Milmoe for Respondent and with Mr. Ron Homer and Professor Peter Meyers who have both filed for fees and costs in this case.(dlm, )
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            Blank 33 Filed: 1/9/2007, Entered: 1/15/2007 Description not available
            SCHEDULING ORDER: If respondent has any objections on the issue of whether or how much should be awarded in fees and costs, any objection shall be filed by 2/09/07. Attorneys Homer and Meyers may file a Reply by 3/12/07. Respondent's response to that reply due by 3/19/07. Any filings concerning fees and costs including supplemental requests from attorney Dempsey, should be filed by the close of business 3/23/07. Signed by Special Master Richard Abell. (tjk, )
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              Blank 32 Filed: 11/29/2006, Entered: 12/3/2006 Description not available
              SCHEDULING ORDER: Motion(s) for due by 12/8/2006. Signed by Special Master Richard Abell. (tjk, )
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                Blank 31 Filed: 11/17/2006, Entered: 11/27/2006 Terminated:
                MOTION for Attorney Fees , filed by GERALD DEMPSEY, LIAM DEMPSEY. Service: 11/17/06.Response due by 12/4/2006. (tjk, )
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                  Blank 30 Filed: 11/3/2006, Entered: 11/6/2006 Response to Motion
                  RESPONSE to [27] MOTION for Attorney Fees , filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/03/06.Reply due by 11/20/2006. (tjk, )
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                    Blank 29 Filed: 11/3/2006, Entered: 11/5/2006 Remark
                    Remark A copy of the 11/03/06 order was sent via Priority Overnight Federal Express to Attorney Ronald Homer, Attorney Peter Meyers and to Petitioner. (tjk, )
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                      Blank 28 Filed: 11/3/2006, Entered: 11/5/2006 Description not available
                      SCHEDULING ORDER: Any objection to the application for fees and costs submitted by Mr. Homer will be filed by 11/17/06. A request shall be filed from petitioner regarding any costs incurred due by 11/17/06. Professor Peter Meyers shall file any request for fees due by 11/17/06. Signed by Special Master Richard Abell. (tjk, )
                        LREF
                        Blank 27 Filed: 10/12/2006, Entered: 10/17/2006 Terminated:
                        MOTION for Attorney Fees [Petitioner's Former Law Firm], filed by GERALD DEMPSEY, LIAM DEMPSEY. Service: 10/10/06.Response due by 10/27/2006. (tjk, )
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                          Blank 26 Filed: 9/22/2006, Entered: 9/22/2006
                          JUDGMENT entered, pursuant to Vaccine Rule 21 that the petition is dismissed. (lld, )
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                            Blank 25 Filed: 8/16/2006, Entered: 8/21/2006 DECISION of Special Master
                            DECISION dismissing petition. Signed by Special Master Richard Abell. (dls )
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                              Blank 24 Filed: 7/5/2006, Entered: 7/7/2006 Order to Show Cause
                              ORDER TO SHOW CAUSE Petitioner is Ordered to file a response to this order due by 7/31/06. Signed by Special Master Richard Abell. (tjk, )
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                                Blank 23 Filed: 5/31/2006, Entered: 5/31/2006
                                STATUS CONFERENCE ORDER: Follow up Status Conference set for 6/30/2006 12:00 PM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                  Blank -- Filed: 5/30/2006, Entered: 5/30/2006
                                  Minute Entry for proceedings held before Special Master Richard Abell : Telephonic Status Conference held on May 30, 2006. (tlj, )
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                                    Blank 22 Filed: 5/19/2006, Entered: 5/23/2006 Respondent's Report
                                    Respondent's Rule 4(c)Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/19/06. (tjk, )
                                      LREF
                                      Blank 21 Filed: 5/17/2006, Entered: 5/19/2006 Description not available
                                      STATUS CONFERENCE ORDER: Rule 5 Status Conference set for 5/30/2006 12:00 PM before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                        Blank 20 Filed: 5/15/2006, Entered: 5/17/2006 Order
                                        ORDER re: Pro se Petitioner shall contact the court by 5/30/06 to schedule a telephonic status conference. Signed by Special Master Richard Abell. (tjk, )
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                                          Blank 19 Filed: 5/1/2006, Entered: 5/2/2006 Order on Motion for Miscellaneous Relief
                                          ORDER granting [17] Motion to withdraw as counsel Signed by Special Master Richard Abell. (tjk, )
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                                            Blank -- Filed: 5/1/2006, Entered: 5/2/2006 Add and Terminate Attorneys
                                            *** Attorney Peter Harwood Meyers terminated. (tjk, )
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                                              Blank 18 Filed: 4/21/2006, Entered: 4/25/2006 Order
                                              ORDER Court will allow the withdrawal of the Petitioner's counsel. Respondent shall file a rule 4 report within 30 days of this order. Signed by Special Master Richard Abell. (mij, ) Modified on 4/25/2006 (tjk, ).
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                                                Blank 17 Filed: 4/20/2006, Entered: 4/21/2006, Terminated: 5/1/2006 Terminated:
                                                MOTION to withdraw as attorney of record , filed by GERALD DEMPSEY, LIAM DEMPSEY. Service: 4/21/06. Response due by 5/8/2006. (tjk, )
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                                                  Blank -- Filed: 4/19/2006, Entered: 4/19/2006
                                                  Minute Entry for proceedings held before Special Master Richard Abell : Status Conference held on April 19, 2006. (tlj, )
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                                                    Blank 16 Filed: 3/15/2006, Entered: 3/20/2006 Description not available
                                                    SCHEDULING ORDER: Petitioner's Amended Petition and medical records should be filed by close of business on 3/31/06. Status Conference set for 4/19/2006 10:00 AM before Special Master Richard Abell. Petitioner's medical expert report and curriculum vitae and supporting medical literature due by C.O.B. 4/18/06. Respondent's Rule 4(c) Report held in abeyance. Signed by Special Master Richard Abell.
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                                                      Blank -- Filed: 3/14/2006, Entered: 3/14/2006
                                                      Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on March 14, 2006. (tlj, )
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                                                        Blank 15 Filed: 2/27/2006, Entered: 3/7/2006 Notice of Intent to Remain in the Program
                                                        NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 2/08/06.(tjk, )
                                                          LREF
                                                          Blank 14 Filed: 2/27/2006, Entered: 3/7/2006 notice of filing
                                                          NOTICE OF FILING [Affidavit, Exhibit #14] by GERALD DEMPSEY, LIAM DEMPSEY. Service: 2/14/06.(tjk, )
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                                                            Blank 13 Filed: 2/1/2006, Entered: 2/6/2006 Notice Regarding Statutory Requirement
                                                            ORDER Petitioner shall perfect the fact witness affidavits, autopsy slides and an amended petition, prior to the next status conference which is set for 3/14/06 at 1:30 p.m. EST before Special Master Richard Abell. 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 Richard Abell. (tjk, )
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                                                              Blank -- Filed: 2/1/2006, Entered: 2/6/2006 Set Deadlines/Hearings:
                                                              Set Deadlines/Hearings: . Status Conference set for 3/14/2006 01:30 PM before Special Master Richard Abell. (tjk, )
                                                                LREF
                                                                Blank -- Filed: 1/31/2006, Entered: 1/31/2006
                                                                Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on January 31, 2006. (tlj, )
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                                                                  Blank 12 Filed: 1/18/2006, Entered: 1/18/2006
                                                                  STATUS CONFERENCE ORDER: Status Conference reset for 1/31/2006 01:30 PM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                    Blank 11 Filed: 1/17/2006, Entered: 1/18/2006 notice of filing
                                                                    NOTICE OF FILING Volumes I and II (containing Exhibits #1-10) by GERALD DEMPSEY, LIAM DEMPSEY. Service: 1/17/06.(tjk, )
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                                                                      Blank 10 Filed: 11/21/2005, Entered: 11/28/2005 Scheduling Order
                                                                      SCHEDULING ORDER: Petitioner shall perfect the filing discussed at the 11/17/05 status conference by 1/17/06. Status Conference set for 1/19/2006 01:00 PM (EST) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                        Blank -- Filed: 11/17/2005, Entered: 11/17/2005
                                                                        Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on November 17, 2005. (tlj, )
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                                                                          Blank 9 Filed: 10/27/2005, Entered: 11/3/2005 notice of filing
                                                                          Consent, Approval, and Appearance Praecipe [Consent to Appearance by Law Student] by GERALD DEMPSEY, LIAM DEMPSEY. Service: 10/27/05.(tjk, )
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                                                                            Blank -- Filed: 10/27/2005, Entered: 12/7/2005 Add and Terminate Attorneys
                                                                            ***Attorney Peter Harwood Meyers for GERALD DEMPSEY and LIAM DEMPSEY added. (tjk, )
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                                                                              Blank 8 Filed: 10/21/2005, Entered: 10/28/2005 Description not available
                                                                              ORDER: Status Conference set for 11/17/2005 02:00 PM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                Blank -- Filed: 10/20/2005, Entered: 10/20/2005
                                                                                Minute Entry for proceedings held before Special Master Richard Abell : Telephone Conference held on October 20, 2005. (tlj, )
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                                                                                  Blank 7 Filed: 9/28/2005, Entered: 10/1/2005 Description not available
                                                                                  STATUS CONFERENCE ORDER: Status Conference set for 10/20/2005 02:00 PM (EDT) before Special Master Richard Abell. Signed by Special Master Richard Abell. (tjk, )
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                                                                                    Blank 6 Filed: 8/29/2005, Entered: 9/2/2005 Order
                                                                                    ORDER Further prosecution of this case shall be postponed for 30 days. Petitioner shall contact the court by 9/26/05. Signed by Special Master Richard Abell. (tjk, )
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                                                                                      Blank 5 Filed: 5/9/2005, Entered: 5/11/2005 Order
                                                                                      ORDER: Petitioner shall contact the undersigned's law clerk by 6/01/05 to inform the court in petitioner's progress in obtaining legal representation. At petitioner's request the Rule 4(a) Status Conference has been postponed. Signed by Special Master Richard Abell. (tjk, )
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                                                                                        Blank 4 Filed: 3/31/2005, Entered: 4/4/2005 Notice of Appearance/
                                                                                        NOTICE of Appearance by Vincent James Matanoski for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/31/05.(tjk, )
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                                                                                          Blank 3 Filed: 3/24/2005, Entered: 3/29/2005 notice of filing
                                                                                          NOTICE OF FILING Petitioner's counsel's Rule 15 Notice to the Court of Written Information Regarding Fees and Costs by GERALD DEMPSEY, LIAM DEMPSEY. Service: 3/22/05.(tjk, )
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                                                                                            Blank 2 Filed: 3/9/2005, Entered: 3/10/2005 Notice Of Assignment
                                                                                            NOTICE of Assignment to Special Master Richard Abell. (tjk, )
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                                                                                              Blank 1 Filed: 3/9/2005, Entered: 3/10/2005 Petition
                                                                                              PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $150, Receipt number 062448) , filed by GERALD DEMPSEY, LIAM DEMPSEY.Respondents Report Due by 6/7/2005.(tjk, )
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