HEESE v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:05-vv-00893-UNJ

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No Logo PATRICK T HEESE, Petitioner

Toggle Switch Represented by J M Computer Services, Inc.

Name Phone Fax E-Mail
Space Curtis R. Webb +1 208 734 1616 crwebb@mindspring.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 Ryan Daniel Pyles +1 202 616 9847 +1 202 353 2988 ryan.pyles@usdoj.gov
Office COFC
Filed 8/16/2005
Jury Demand None
Demand
Nature of Suit 485 - Injury - Hemophilus influenzae
Cause Section 42 U.S.C. § 300 Vaccine Injury Act
Jurisdiction U.S. Government Defendant
Disposition Vaccine - Judgment in Lump Sum
County None
Terminated 9/14/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 55 Filed: 10/9/2007, Entered: 10/11/2007 Petitioner's Election to Accept Judgment
Petitioner's Election to Accept [50] Judgment. Service: 10/1/07.(Neal, Alonzo)
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    Blank 54 Filed: 10/4/2007, Entered: 10/4/2007
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorneys' fees and costs in the amount of $31,728.77. Mr. Webb may collect $29,728.77 from Mr. Heese. Mr. garland may collect $2,000.00 from Mr. Heese. (lld)
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      Blank 53 Filed: 10/1/2007, Entered: 10/4/2007 Notice Not to Seek Review
      Joint NOTICE Not to Seek Review, filed by PATRICK T HEESE, SECRETARY OF HEALTH AND HUMAN SERVICES re [52] DECISION of Special Master - Fees. Service: 10/1/07.(Neal, Alonzo) Modified on 10/4/2007 (Neal, Alonzo).
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        Blank 52 Filed: 9/17/2007, Entered: 9/18/2007 DECISION of Special Master - Fees
        DECISION on Attorney's Fees and Costs Signed by Special Master John F. Edwards. (tjk, )
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          Blank 51 Filed: 9/17/2007, Entered: 9/17/2007
          Remark. Copy of the 9/17/07 Decision sent to Petitioner's counsel via Federal Express Priority Overnight Delivery on 9/17/07. Tracking no. 8619 2827 7935 (tjk, )
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            Blank 50 Filed: 9/14/2007, Entered: 9/14/2007
            JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the amount of $30,000.00 in the form of a check payable to petitioner. (lld)
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              Blank 49 Filed: 9/12/2007, Entered: 9/13/2007 Joint Status Report
              JOINT STATUS REPORT, filed by PATRICK T HEESE, SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/11/07.(Neal, Alonzo)
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                Blank 48 Filed: 9/11/2007, Entered: 9/12/2007 Notice of Appearance/
                NOTICE of Appearance by Ryan Daniel Pyles for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/11/07.(Neal, Alonzo)
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                  Blank 47 Filed: 9/10/2007, Entered: 9/11/2007 Terminated:
                  REVISED MOTION for Attorney Fees and Costs, filed by PATRICK T HEESE. Service: 9/05/07.Response due by 9/24/2007. (tjk, )
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                    Blank 46 Filed: 9/7/2007, Entered: 9/10/2007 Notice Not to Seek Review
                    JOINT NOTICE Not to Seek Review, filed by PATRICK T HEESE, SECRETARY OF HEALTH AND HUMAN SERVICES re [42] DECISION of Special Master. (tjk, )
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                      Blank 43 Filed: 8/29/2007, Entered: 8/29/2007
                      Remark Decision Fedex on 8/28/07, tracking number 8619 2827 8221 0215. (Neal, Alonzo)
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                        Blank 45 Filed: 8/28/2007, Entered: 8/29/2007 ~Notice (other)
                        PETITIONER'S STATEMENT CONCERNING COSTS, filed by PATRICK T HEESE re [44] MOTION for Attorney Fees. Service: 3/24/07.(tjk, )
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                          Blank 44 Filed: 8/28/2007, Entered: 8/29/2007 Terminated:
                          MOTION for Attorney Fees, filed by PATRICK T HEESE. Service: 8/24/07.Response due by 9/10/2007. (tjk, )
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                            Blank 42 Filed: 8/28/2007, Entered: 8/29/2007 DECISION of Special Master
                            DECISION Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                              Blank 41 Filed: 8/24/2007, Entered: 8/28/2007 Stipulation
                              Joint STIPULATION, filed by PATRICK T HEESE, SECRETARY OF HEALTH AND HUMAN SERVICES. (Neal, Alonzo)
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                                Blank 40 Filed: 8/7/2007, Entered: 8/8/2007 Description not available
                                SCHEDULING ORDER:Notice of Compliance due by 8/24/2007. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                  Blank 39 Filed: 8/3/2007, Entered: 8/6/2007 Status Report
                                  STATUS REPORT, filed by PATRICK T HEESE. Service: 8/1/07.(Neal, Alonzo)
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                                    Blank 38 Filed: 7/23/2007, Entered: 7/24/2007 Order
                                    ORDER: Petitioner shall file a status report by 8/1/07, informing the special master about petitioner's progress in reviewing the stipulation, signing the stipulation and returning the stipulation to respondent. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                      Blank 37 Filed: 7/19/2007, Entered: 7/22/2007 15-Week Stipulation Status Report
                                      15-WEEK STIPULATION STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/19/07.(tjk, )
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                                        Blank 36 Filed: 4/18/2007, Entered: 4/23/2007 Order
                                        ORDER Respondent shall file a status report when respondent sends the stipulation to petitioner for signature due by 7/23/2007. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                          Blank 35 Filed: 4/13/2007, Entered: 4/19/2007 Joint Status Report
                                          JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/13/07.(Neal, Alonzo)
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                                            Blank 34 Filed: 4/2/2007, Entered: 4/8/2007 Status Report/Order
                                            STATUS REPORT ORDER The parties shall file a Joint Status Report by 4/13/07 regarding the potential for settlement. If the parties cannot state that they have achieved a tentative settlement, the parties shall propose the date by which respondent will file the Rule 4 report, accompanied by a medical expert's opinion. Signed by Special Master John F. Edwards. (tjk, )
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                                              Blank -- Filed: 3/30/2007, Entered: 3/30/2007
                                              Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on March 30, 2007. Mr. Curtis Webb appeared via telephone for petitioner. Mr. Mark Raby appeared via telephone for respondent. The Special Master discussed ongoing settlement negotiations. (ds2, )
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                                                Blank 33 Filed: 3/22/2007, Entered: 3/26/2007 Status Conference Order
                                                STATUS CONFERENCE ORDER: Telephonic Status Conference set for 3/30/2007 02:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                                  Blank 32 Filed: 3/8/2007, Entered: 3/14/2007 Status Conference Order
                                                  STATUS CONFERENCE ORDER: Telephonic Status Conference set for 3/23/2007 02:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                                    Blank 31 Filed: 3/2/2007, Entered: 3/7/2007 Expert Report
                                                    NOTICE OF FILING: EXPERT REPORT of Marcel Kinsbourne, M.D. (Ex. no. 31), CV (Ex. no. 32) and MEDICAL LITERATURE (Ex. no. 33-42) filed by PATRICK T HEESE. Service: 2/27/07.(tjk, )
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                                                      Blank 30 Filed: 1/22/2007, Entered: 1/25/2007 Description not available
                                                      SCHEDULING ORDER: Petitioner shall file an Expert Opinion due by 2/16/2007. Signed by Special Master John F. Edwards. (tjk, )
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                                                        Blank -- Filed: 1/22/2007, Entered: 1/22/2007
                                                        Minute Entry for proceedings held before Special Master John F. Edwards: Status Conference to discuss petitioner's progress in obtaining a medical expert's opinion held on 1/22/07. Curtis Webb, Esq., appeared for petitioner. Mark C. Raby, Esq., appeared for respondent. (Edwards, John)
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                                                          Blank 29 Filed: 1/8/2007, Entered: 1/12/2007 Description not available
                                                          SCHEDULING ORDER: The Special Master enlarges Petitioner's time within which to file the Expert Report. If petitioner cannot file an Expert Report by the due date, petitioner shall request a status conference. Expert Report due by 1/16/2007. Signed by Special Master John F. Edwards. (tjk, )
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                                                            Blank 28 Filed: 1/4/2007, Entered: 1/8/2007 Status Report
                                                            STATUS REPORT, filed by PATRICK T HEESE. Service: 12/29/06.(tjk, )
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                                                              Blank 27 Filed: 11/28/2006, Entered: 12/2/2006 Order on Motion for Extension of Time to File (Vac
                                                              ORDER granting [26] Motion for Extension of Time Expert Report due by 12/8/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                Blank 26 Filed: 11/27/2006, Entered: 11/29/2006, Terminated: 11/28/2006 Terminated:
                                                                STATUS REPORT and MOTION for Extension of Time until 12/08/06 to file the expert witness report , filed by PATRICK T HEESE. Service: 11/17/06.Response due by 12/4/2006. (tjk, )
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                                                                  Blank 25 Filed: 10/17/2006, Entered: 10/18/2006 Description not available
                                                                  SCHEDULING ORDER: Petitioner's time within which to file a Medical Expert's opinion is enlarged. Expert Report due by 11/17/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                    Blank 24 Filed: 10/16/2006, Entered: 10/18/2006 Terminated:
                                                                    STATUS REPORT and MOTION for Extension of Time until 11/15/06 to file Expert Witness Report , filed by PATRICK T HEESE. Service: 10/13/06.Response due by 10/30/2006. (tjk, )
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                                                                      Blank 23 Filed: 9/6/2006, Entered: 9/9/2006 Description not available
                                                                      SCHEDULING ORDER: Petitioner shall file a Medical Expert report and CV due by 10/16/06. Signed by Special Master John F. Edwards. (tjk, )
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                                                                        Blank 22 Filed: 9/1/2006, Entered: 9/6/2006 Affidavit
                                                                        AFFIDAVIT [Exhibit #30] by PATRICK T HEESE. [Filed by leave of the Special Master] Service: 8/28/06.(tjk, ) Modified on 9/6/2006 (tjk, ).
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                                                                          Blank 21 Filed: 9/1/2006, Entered: 9/5/2006 Status Report
                                                                          STATUS REPORT, filed by PATRICK T HEESE. Service: 8/30/06.(tjk, )
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                                                                            Blank 20 Filed: 6/16/2006, Entered: 6/20/2006 Order
                                                                            ORDER Petitioner shall file either an EXPERT REPORT or a STATUS REPORT due by 8/14/06. Signed by Special Master John F. Edwards. (tjk, )
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                                                                              Blank 19 Filed: 6/14/2006, Entered: 6/16/2006 Status Report
                                                                              STATUS REPORT, filed by PATRICK T HEESE. Service: 6/12/06.(tjk, )
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                                                                                Blank 18 Filed: 6/14/2006, Entered: 6/16/2006 Amended Petition
                                                                                AMENDED PETITION re: [1] Petition filed by PATRICK T HEESE. Service: 6/12/06.(tjk, )
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                                                                                  Blank 17 Filed: 5/26/2006, Entered: 5/30/2006 notice of filing
                                                                                  NOTICE OF FILING (Exhibits #23-29) by PATRICK T HEESE. Service: 5/24/06.(tjk, )
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                                                                                    Blank 16 Filed: 4/27/2006, Entered: 4/28/2006 Notice of Intent to Remain in the Program
                                                                                    NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 4/25/2006.(mij, )
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                                                                                      Blank 15 Filed: 4/27/2006, Entered: 4/28/2006 Description not available
                                                                                      SCHEDULING ORDER:Notice of Compliance, petitioner shall file a complete set of paginated exhibits, an amended petition, a medical expert's opinion that supports the petition, and a copy of the expert's curriculum Vitae due by 6/12/2006. Signed by Special Master John F. Edwards. (mij, )
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                                                                                        Blank 14 Filed: 4/25/2006, Entered: 4/26/2006 Status Report
                                                                                        STATUS REPORT, filed by PATRICK T HEESE. Service: 4/21/06.(tjk, )
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                                                                                          Blank 13 Filed: 4/20/2006, Entered: 4/21/2006 Notice Regarding Statutory Requirement
                                                                                          ORDER re: the statutory 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 John F. Edwards. (tjk, )
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                                                                                            Blank 12 Filed: 1/18/2006, Entered: 1/18/2006
                                                                                            ORDER re Petitioner shall file a complete set of properly-paginated exhibits and a status report due by 3/24/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                              Blank -- Filed: 1/17/2006, Entered: 1/17/2006
                                                                                              Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on January 17, 2006, at 3:00 p.m. (als, )
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                                                                                                Blank 11 Filed: 12/28/2005, Entered: 12/30/2005 Description not available
                                                                                                STATUS CONFERENCE ORDER: Status Conference set for 1/17/2006 at 3:00 PM before Unassigned. Signed by Special Master John F. Edwards. (mb2, )
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                                                                                                  Blank 10 Filed: 12/19/2005, Entered: 12/21/2005 Terminated:
                                                                                                  Consented MOTION to Substitute Attorney Curtis R. Webb in place of Gregory Garland filed by PATRICK T HEESE. Service: 12/14/05. (tjk, )
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                                                                                                    Blank -- Filed: 12/19/2005, Entered: 12/21/2005 Add and Terminate Attorneys
                                                                                                    ***Attorney Curtis R. Webb for PATRICK T HEESE added. Attorney Gregory K. Garland terminated. (tjk, )
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                                                                                                      Blank 9 Filed: 11/21/2005, Entered: 11/28/2005 Status Report
                                                                                                      STATUS REPORT, filed by PATRICK T HEESE. Service: 11/17/05.(tjk, )
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                                                                                                        Blank 8 Filed: 10/26/2005, Entered: 11/2/2005 Status Report/Order
                                                                                                        STATUS REPORT ORDER Petitioner shall file a Status Report due by 11/18/2005. The Special Master will schedule all further proceedings by later order. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                          Blank -- Filed: 10/25/2005, Entered: 10/25/2005
                                                                                                          Minute Entry for proceedings held before Special Master John F. Edwards: Status Conference held on 10/24/05, at 3:30 p.m. (ps2, )
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                                                                                                            Blank 7 Filed: 10/18/2005, Entered: 10/24/2005 Description not available
                                                                                                            SCHEDULING ORDER: Telephonic Status Conference set for 10/24/2005 03:30 PM (EDT) before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                              Blank 6 Filed: 9/26/2005, Entered: 9/30/2005 Notice of Appearance/
                                                                                                              NOTICE of Appearance by Mark Curtis Raby for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/26/05.(tjk, )
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                                                                                                                Blank 5 Filed: 9/21/2005, Entered: 9/27/2005 Order Reassigning Case Special Master
                                                                                                                ORDER REASSIGNING CASE. Case reassigned to Special Master John F. Edwards for all further proceedings. Special Master Margaret Sweeney no longer assigned to case. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                                                                                                  Blank 4 Filed: 8/26/2005, Entered: 8/30/2005 notice of filing
                                                                                                                  NOTICE OF FILING Written notification of the name, address, and telephone number of petitioner's counsel by PATRICK T HEESE. Service: 8/24/05.(tjk, )
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                                                                                                                    Blank 3 Filed: 8/24/2005, Entered: 8/26/2005 Order
                                                                                                                    ORDER Petitioner shall confer with Respondent and then contact the court by 9/20/05 to suggest three possible dates and times for the initial status conference. Signed by Special Master Margaret Sweeney. (tjk, )
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                                                                                                                      Blank 2 Filed: 8/16/2005, Entered: 8/19/2005 Notice Of Assignment
                                                                                                                      NOTICE of Assignment to Special Master Margaret Sweeney. (tjk, )
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                                                                                                                        Blank 1 Filed: 8/16/2005, Entered: 8/19/2005 Petition
                                                                                                                        PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES [Filed with Exhibits #1-25]( Filing fee $250, Receipt number 063422) [Vaccination date: 11/05/03], filed by PATRICK T HEESE.Respondents Report Due by 11/14/2005.(tjk, )
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