DICKMAN et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:06-vv-00199-UNJ

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No Logo JAMES ROBERT DICKMAN, Petitioner

Toggle Switch Represented by Douglas & London, PC

Name Phone Fax E-Mail
Space Stephanie O'Connor +1 212 566 7500 +1 212 566 7501 Soconnor@douglasandlondon.com
No Logo LINDSAY KATHLEEN DICKMAN, Petitioner

Toggle Switch Represented by Douglas & London, PC

Name Phone Fax E-Mail
Space Stephanie O'Connor +1 212 566 7500 +1 212 566 7501 Soconnor@douglasandlondon.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 Nathaniel John McGovern +1 202 616 4357 +1 202 616 4310 nate.mcgovern@usdoj.gov
Office COFC
Filed 3/13/2006
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 6/6/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 49 Filed: 12/26/2007, Entered: 12/26/2007
JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded attorneys' fees and costs in the amount of $23,883.65. Mr. Dickman is foreclosed from lodging a claim for personal expenses as defined by general Order No. 9. Ms. O'Connor may collect $23,883.65 from Mr. Dickman. (lld)
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    Blank 48 Filed: 11/20/2007, Entered: 11/26/2007 DECISION of Special Master - Fees
    DECISION on Attorney's Fees and Costs. Fedex on 11/20/07, tracking number 863456589513. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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      Blank 47 Filed: 11/16/2007, Entered: 11/19/2007 Status Report
      STATUS REPORT VI, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 11/15/07.(Neal, Alonzo)
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        Blank 46 Filed: 11/6/2007, Entered: 11/7/2007 Order
        ORDER re By no later than 11/14/07, petitioner shall file the statement required by General Order No. 9. Signed by Special Master John F. Edwards. (tjk, )
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          Blank 45 Filed: 10/12/2007, Entered: 10/15/2007 Status Report
          Joint STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN, SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/12/07.(Neal, Alonzo)
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            Blank 44 Filed: 9/10/2007, Entered: 9/11/2007 Status Report/Order
            STATUS REPORT ORDER The parties' time within which to file a Joint Status Report regarding progress in addressing an appropriate award for attorneys' fees, attorney's costs and personal expenses as defined by General Order No. 9 is hereby enlarged. Status Report due by 9/10/2007 Signed by Special Master John F. Edwards. (tjk, )
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              Blank 43 Filed: 9/7/2007, Entered: 9/10/2007 Joint Status Report
              JOINT STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 9/06/07.(tjk, )
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                Blank 42 Filed: 8/21/2007, Entered: 8/23/2007 Petitioner's Election to File Civil Action
                Petitioner's Election to File Civil Action re: [40] Judgment. Service: 8/16/07.(Neal, Alonzo)
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                  Blank 41 Filed: 6/21/2007, Entered: 6/25/2007 Status Report/Order
                  STATUS REPORT ORDER The parties shall file a Joint Status Report due by 8/31/2007. Signed by Special Master John F. Edwards. (tjk, )
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                    Blank 40 Filed: 6/6/2007, Entered: 6/6/2007
                    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that the petition is dismissed. (lld)
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                      Blank 39 Filed: 5/2/2007, Entered: 5/4/2007 DECISION of Special Master
                      DECISION Signed by Special Master John F. Edwards. (tjk, )
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                        Blank 38 Filed: 5/1/2007, Entered: 5/2/2007 Order on Motion to Vacate
                        ORDER denying [36] Motion to Vacate Signed by Special Master John F. Edwards. (tjk, )
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                          Blank 37 Filed: 4/27/2007, Entered: 5/1/2007 Terminated:
                          MOTION for Judgment on the Record, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/26/07.Response due by 5/14/2007. (tjk, )
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                            Blank 36 Filed: 4/27/2007, Entered: 5/1/2007, Terminated: 5/1/2007 Terminated:
                            MOTION to Vacate or Amend Final Order before Dismissal, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/26/07.Response due by 5/14/2007. (tjk, )
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                              Blank 35 Filed: 4/27/2007, Entered: 5/1/2007 Status Report
                              STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/26/07.(Neal, Alonzo)
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                                Blank 34 Filed: 4/11/2007, Entered: 4/18/2007 Description not available
                                FINAL ORDER BEFORE DISMISSAL. By no later April 27, 2007, Mr. Dickman shall file Dr. Kinsbourne's opinion or the special master will dismiss immediately the petition. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                  Blank -- Filed: 4/10/2007, Entered: 4/10/2007
                                  Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on April 10, 2007. Ms. Stephanie O'Connor appeared via telephone for petitioner. Mr. Nate McGovern appeared via telephone for respondent. The Special Master discussed petitioner's recent motion for enlargement of time to pursue a medical expert's opinion from a new expert. The Special Master reviewed that petitioner has been pursuing a medical expert's opinion from Dr. Kinsbourne since July 2006. Petitioner stated that Dr. Kinsbourne cannot support the petition. The Special Master expressed that it is not reasonable for petitioner to pursue a medical expert opinion from a new expert. (ds2, )
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                                    Blank 33 Filed: 4/5/2007, Entered: 4/13/2007 Status Conference Order
                                    STATUS CONFERENCE ORDER: Telephonic Status Conference reset for 4/10/2007 12:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                      Blank 32 Filed: 4/3/2007, Entered: 4/8/2007 Terminated:
                                      STATUS REPORT [Petitioner submits a 45 day extension to file their expert report], filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/02/07. Response due by 4/19/07. (tjk, ) Modified on 4/8/2007 (tjk, ).
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                                        Blank -- Filed: 4/3/2007, Entered: 4/8/2007 Set Deadlines/Hearings:
                                        Set Deadlines/Hearings: Response due by 4/19/2007. (tjk, )
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                                          Blank 31 Filed: 4/2/2007, Entered: 4/5/2007 Status Conference Order
                                          STATUS CONFERENCE ORDER: Telephonic Status Conference set for 4/5/2007 12:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                            Blank 30 Filed: 2/27/2007, Entered: 3/5/2007 Description not available
                                            SCHEDULING ORDER: Petitioner's time to file the Medical Report from the Cleveland Clinic and Dr. Kinsbourne's Opinion, now due by 4/02/07. Signed by Special Master John F. Edwards. (tjk, )
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                                              Blank -- Filed: 2/27/2007, Entered: 2/27/2007
                                              Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on February 27, 2007. Ms. Stephanie O'Connor appeared via telephone for petitioner. Mr. Nathaniel McGovern appeared via telephone for respondent. The Special Master discussed outstanding medical records and the upcoming petitioner's medical expert report. (ds2, )
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                                                Blank 29 Filed: 2/20/2007, Entered: 2/26/2007 Medical Records
                                                MEDICAL RECORDS [Exhibit(s) #19-20] filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 2/16/07.(tjk, )
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                                                  Blank 28 Filed: 2/20/2007, Entered: 2/24/2007 Status Report
                                                  STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 2/16/07.(tjk, )
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                                                    Blank 27 Filed: 2/20/2007, Entered: 2/24/2007 Terminated:
                                                    MOTION for Extension of Time until 4/02/07 to to file any outstanding medical records; and an opinion from petitioner's expert pursuant to the [25]Order, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 2/16/07.Response due by 3/5/2007. (tjk, )
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                                                      Blank 26 Filed: 1/30/2007, Entered: 2/4/2007 Order on Motion to Substitute Attorney
                                                      ORDER granting [24] Motion to Substitute Attorney. Added attorney Stephanie O'Connor for JAMES ROBERT DICKMAN and LINDSAY KATHLEEN DICKMAN. Attorney Nicole Vivienne Gurkin terminated Signed by Special Master John F. Edwards. (tjk, )
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                                                        Blank 25 Filed: 1/30/2007, Entered: 2/4/2007 Description not available
                                                        SCHEDULING ORDER: The Special Master enlarges to 2/16/07, Petitioner's time to file any outstanding Medical Records and an Opinion from Petitioner's Medical Expert. Signed by Special Master John F. Edwards. (tjk, )
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                                                          Blank 24 Filed: 1/12/2007, Entered: 1/16/2007, Terminated: 1/30/2007 Terminated:
                                                          MOTION to Substitute Attorney Stephanie O'Connor in place of Nicole Gurkin , filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 1/11/07.Response due by 1/29/2007. (tjk, )
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                                                            Blank 23 Filed: 1/10/2007, Entered: 1/15/2007 Description not available
                                                            SCHEDULING ORDER: The special master VACATES the [22] ORDER to SHOW CAUSE. The clerk of the court shall send a copy of this order by overnight express delivery to petitioner at petitioner's last address of record: James Robert Dickman, 6133 South Winding Way, Swanton, Ohio 43558. Mr. London stated that an attorney in his firm has file a Motion for Substition of counsel by 1/12/07. Signed by Special Master John F. Edwards. (tjk, ) Modified on 1/15/2007 (tjk, ).
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                                                              Blank -- Filed: 1/9/2007, Entered: 1/9/2007
                                                              Minute Entry for proceedings held before Special Master John F. Edwards : A Telephone Conference was held on January 9, 2007. The Special Master cannot locate petitioner's attorney of record, Nicole V. Gurkin, Esq., formerly associated with Douglas and London, LLC. (Ms. Gurkin has not filed with the Clerk of the Court a Notice of Change of Address or telephone number.) Michael London, Esq., a principal in Douglas and London, LLC, participated. Nathaniel McGovern appeared for respondent. The Special Master discussed his Order to Show Cause directed to the attorney of record. (ds2, )
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                                                                Blank 22 Filed: 1/8/2007, Entered: 1/12/2007 Order to Show Cause
                                                                ORDER TO SHOW CAUSE Petitioner shall show cause why the special master should not dismiss this petition by 1/19/07. The clerk of the court shall send a copy of this order to show cause by overnight express delivery to Mr. Dickman's last address of record. Signed by Special Master John F. Edwards. (tjk, )
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                                                                  Blank 21 Filed: 11/28/2006, Entered: 12/2/2006 Status Report/Order
                                                                  STATUS REPORT ORDER Petitioner shall file a Status Report due by 12/15/2006 Signed by Special Master John F. Edwards. (tjk, )
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                                                                    Blank 20 Filed: 11/13/2006, Entered: 11/15/2006 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 19 Filed: 10/11/2006, Entered: 10/12/2006 Description not available
                                                                      SCHEDULING ORDER: Petitioner shall file any outstanding Medical Records and an opinion from petitioner's identified medical expert, Marcel Kinsbourne, M.D due by 11/02/06. The special master will schedule further proceedings - including submission of the Rule 4 report by later order. Signed by Special Master John F. Edwards. (tjk, )
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                                                                        Blank 18 Filed: 10/6/2006, Entered: 10/11/2006 notice of filing
                                                                        NOTICE OF FILING Volume IV - Exhibit(s) #14-18 by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 10/03/06.(tjk, )
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                                                                          Blank 17 Filed: 10/5/2006, Entered: 10/9/2006 Status Report
                                                                          STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 10/03/06.(tjk, )
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                                                                            Blank 16 Filed: 9/12/2006, Entered: 9/14/2006 Description not available
                                                                            SCHEDULING ORDER: Petitioner shall file: affidavits, outstanding medical records and an opinion from their expert due by 10/02/06. Signed by Special Master John F. Edwards. (tjk, )
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                                                                              Blank 15 Filed: 9/8/2006, Entered: 9/12/2006 Status Report
                                                                              STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 9/01/06.(tjk, )
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                                                                                Blank 14 Filed: 7/21/2006, Entered: 7/25/2006 Description not available
                                                                                SCHEDULING ORDER: Petitioner shall file a Status Report due by 8/11/2006. By no later than 9/01/06, petitioner shall file a Status Report regarding progress in consultations with petitioner's medical expert. Further proceedings will be scheduled by later order. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                  Blank -- Filed: 7/20/2006, Entered: 7/20/2006
                                                                                  Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on July 20, 2006. Ms. Nicole Gurkin appeared via telephone for petitioner. Mr. Nathaniel McGovern appeared via telephone for respondent. (ds2, )
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                                                                                    Blank 13 Filed: 7/13/2006, Entered: 7/14/2006 Affidavit
                                                                                    NOTICE OF FILING AFFIDAVIT (Volume III) by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 7/11/06.(tjk, )
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                                                                                      Blank 12 Filed: 7/10/2006, Entered: 7/12/2006 Description not available
                                                                                      STATUS CONFERENCE ORDER: Telephonic Status Conference set for 7/20/2006 01:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                        Blank 11 Filed: 7/5/2006, Entered: 7/7/2006 notice of filing
                                                                                        NOTICE OF FILING Volume II, [Exhibits #9 Death Certificate, Exhibits #10-12 Affidavits] by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 6/30/06.(tjk, )
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                                                                                          Blank 10 Filed: 6/15/2006, Entered: 6/16/2006 Order
                                                                                          ORDER re Petitioner shall file all remaining documents required by 42 U.S.C. section 300 aa-11(c)(1) & (2) and by Vaccine Rule 2(e) due by 6/30/06. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                            Blank 9 Filed: 5/5/2006, Entered: 5/8/2006 Description not available
                                                                                            SCHEDULING ORDER: Petitioner shall file all remaining Medical records due by 6/16/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                              Blank 8 Filed: 5/2/2006, Entered: 5/3/2006 Status Report
                                                                                              STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/28/06.(tjk, )
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                                                                                                Blank 7 Filed: 5/1/2006, Entered: 5/2/2006 Medical Records
                                                                                                MEDICAL RECORDS [Volume I (Exhibits #1-8)] filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 4/28/06.(tjk, )
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                                                                                                  Blank 6 Filed: 4/6/2006, Entered: 4/12/2006 Order
                                                                                                  ORDER: Petitioner shall file all documents required by 42 U.S.C. section 300aa-11(c)(1) & (2) and by Vaccine Rule 2(e) by 4/28/06. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                    Blank 5 Filed: 4/5/2006, Entered: 4/12/2006 Status Report
                                                                                                    STATUS REPORT, filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN. Service: 3/31/06.(tjk, )
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                                                                                                      Blank 4 Filed: 3/23/2006, Entered: 3/28/2006 Notice of Appearance/
                                                                                                      NOTICE of Appearance by Nathaniel John McGovern for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/23/06.(tjk, )
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                                                                                                        Blank 3 Filed: 3/16/2006, Entered: 3/20/2006 Description not available
                                                                                                        SCHEDULING ORDER: Respondent shall immediately file a notice of appearance. Petitioner shall file a Status Report due by 4/7/2006. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                          Blank 2 Filed: 3/13/2006, Entered: 3/16/2006 Notice Of Assignment
                                                                                                          NOTICE of Assignment to Special Master John F. Edwards. (tjk, )
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                                                                                                            Blank 1 Filed: 3/13/2006, Entered: 3/16/2006 Petition
                                                                                                            PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 064581) [Vaccination date: 3/14/03], filed by JAMES ROBERT DICKMAN, LINDSAY KATHLEEN DICKMAN.Respondents Report Due by 6/12/2006.(tjk, )
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