VENEMAN et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:06-vv-00203-UNJ

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No Logo LINDA P. VENEMAN, Petitioner

Toggle Switch Represented by LAW OFFICES OF JAY A. BANSAL

Name Phone Fax E-Mail
Space Jay Ankur Bansal +1 480 820 9090 +1 480 831 5966 JayABansal@aol.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 Melonie J. McCall +1 202 616 4098 melonie.mccall@usdoj.gov
Office COFC
Filed 3/13/2006
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 8/20/2008
Origin 1
Reopened
Lead Case
106-vv-00203-UNJ None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 52 Filed: 8/26/2008, Entered: 8/31/2008 Petitioner's Election to Accept Judgment
Petitioner's Election to Accept [51] Judgment,. Service: 8/20/08.(tjk, )
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    Blank 51 Filed: 8/20/2008, Entered: 8/20/2008
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the lump sum amount of $85,000.00 in the form of a check payable to petitioner. Petitioner is also awarded attorney's fees and costs in the lump sum amount of $30,250.00 in the form of a check payable jointly to petitioner and petitioner's attorney, Mr. Jay Bansal. (dls)
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      Blank 50 Filed: 8/7/2008, Entered: 8/15/2008 Notice Not to Seek Review
      JOINT NOTICE Not to Seek Review, filed by LINDA P. VENEMAN, SECRETARY OF HEALTH AND HUMAN SERVICES re [49] DECISION of Special Master. (Neal, Alonzo)
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        Blank 49 Filed: 7/23/2008, Entered: 7/30/2008 DECISION of Special Master
        DECISION Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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          Blank -- Filed: 7/23/2008, Entered: 7/24/2008 Remark
          Remark. A copy of the Special Master's Decision dated 7/23/08 was sent to Petitioner's Counsel via Federal Express Priority Overnight Delivery on 7/23/08, by the Clerk. Tracking no. 8651 8314 7786 (tjk, )
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            Blank 48 Filed: 7/17/2008, Entered: 7/23/2008 Stipulation
            STIPULATION, filed by LINDA P. VENEMAN, SECRETARY OF HEALTH AND HUMAN SERVICES. (Neal, Alonzo)
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              Blank 47 Filed: 6/20/2008, Entered: 7/1/2008 Order
              ORDER: On June 6, 2008, respondent's counsel filed an unopposed motion to dismiss the petition bearing U.S. Court of Federal Claims docket number 06-204, noting that the dismissal would have no effect on petitioner's other pending Vaccine Act claim, 06-203, which is for an injury allegedly related to petitioner's receipt of the influenza vaccination on October 5, 2005. Respondent's motion details the reasons for the necessity of the dismissal. Respondent's motion is GRANTED. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                Blank 46 Filed: 6/12/2008, Entered: 6/23/2008 Status Report
                Respondent STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/12/08.(Neal, Alonzo)
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                  Blank 45 Filed: 6/6/2008, Entered: 6/18/2008 Terminated:
                  MOTION to Dismiss pursuant to Rule 21(b), filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/6/08.Response due by 6/23/2008. (Neal, Alonzo)
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                    Blank 44 Filed: 3/3/2008, Entered: 3/8/2008 15-Week Stipulation Order
                    15-Week STIPULATION ORDER: Respondent shall, within 15 weeks, send petitioner(s) the joint stipulation and file a status report. Within 30 days after the receipt of the stipulation, the petitioner(s) shall file a status report. Within 15 days after receiving the stipulation from petitioner(s), the respondent shall file the signed stipulation.Respondents Status Report due by 6/13/2008. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                      Blank 43 Filed: 2/28/2008, Entered: 3/4/2008 Status Report
                      STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/28/08.(tjk, )
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                        Blank 42 Filed: 2/6/2008, Entered: 2/7/2008 Description not available
                        SCHEDULING ORDER:Joint Status Report due by 2/28/2008. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                          Blank -- Filed: 2/5/2008, Entered: 2/5/2008
                          Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 1/28/2008 from 2:00 until 2:20 PM. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. (cc2, )
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                            Blank 41 Filed: 1/8/2008, Entered: 1/10/2008 Status Conference Order
                            ORDER: Telephonic Status Conference set for 1/28/2008 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                              Blank 40 Filed: 12/10/2007, Entered: 12/11/2007 Expert Report
                              NOTICE OF FILING: EXPERT REPORT of Dr. Lawrence J. Kragen with November 21, 2007 Supplement (Ex. no. C) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/10/07.(tjk, )
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                                Blank 39 Filed: 11/26/2007, Entered: 11/28/2007 notice of filing
                                NOTICE OF FILING Petitioners' Ex-24, Letter from Treating physician Dr. Pischel 10/10/07. by LINDA P. VENEMAN. Service: 11/12/07.(Neal, Alonzo)
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                                  Blank 38 Filed: 10/29/2007, Entered: 10/30/2007 Order on Motion for Extension of Time to File (Vac
                                  ORDER granting [37] Motion for Extension of Time. Respondent shall file the Supplemental Expert Report from Dr. Kagen due by 12/10/2007. On or before 12/24/07, petitioner shall file, if desired, a responsive supplemental expert report to respondent's supplemental filing. On or before 1/07/07, the parties shall contact the undersigned's law clerk and propose three dates and times for the next status conference. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                    Blank 37 Filed: 10/24/2007, Entered: 10/29/2007, Terminated: 10/29/2007 Terminated:
                                    MOTION for Extension of Time until 45 days,to file Expert report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/24/07.Response due by 11/13/2007. (Neal, Alonzo)
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                                      Blank -- Filed: 9/10/2007, Entered: 9/10/2007
                                      Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic status conference was held on 9/6/2007 from 2:00 until 2:20 PM. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. The parties discussed futher proceedings in this case. (cc2, )
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                                        Blank 36 Filed: 8/8/2007, Entered: 8/9/2007 Description not available
                                        SCHEDULING ORDER: Status Conference set for 9/6/2007 02:00 PM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                                          Blank 35 Filed: 7/27/2007, Entered: 7/31/2007 Expert Report
                                          EXPERT REPORT of Dr. Kagen (Exhibit A) and CV (Exhibit B) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/30/07.(tjk, )
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                                            Blank 34 Filed: 6/6/2007, Entered: 6/7/2007 Status Report
                                            STATUS REPORT, filed by LINDA P. VENEMAN. Service: 5/31/07.(Neal, Alonzo)
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                                              Blank 33 Filed: 6/4/2007, Entered: 6/4/2007
                                              ORDER: Respondent shall file a rebuttal expert report by 7/31/07. Parties shall contact Law Clerk, Camille Collett by 8/14/07 and propose three mutually agreeable dates, occurring after 8/14/07, for the next status conference. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                                                Blank 32 Filed: 6/1/2007, Entered: 6/4/2007 Status Report
                                                STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/1/07.(Neal, Alonzo)
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                                                  Blank 31 Filed: 5/18/2007, Entered: 5/21/2007 Order
                                                  ORDER Respondent's counsel shall file a status report by 6/1/07. Petitioner's counsel shall file status report by 6/1/07. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                                                    Blank 30 Filed: 5/18/2007, Entered: 5/21/2007 Description not available
                                                    SCHEDULING ORDER: Respondent's counsel shall file a Status Report indicating whether the client desires to file a rebuttal expert report, and if so, how much time respondent requires to file their expert report, In addition, on or before 6/01/07, petitioner's counsel shall file an additional status report regarding his expert in this matter. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                      Blank 29 Filed: 5/15/2007, Entered: 5/17/2007 notice of filing
                                                      NOTICE OF FILING Indexed Exhibit No. 23 by LINDA P. VENEMAN. Service: 5/4/07.(Neal, Alonzo)
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                                                        Blank 28 Filed: 5/15/2007, Entered: 5/16/2007 Status Report
                                                        STATUS REPORT, filed by LINDA P. VENEMAN. Service: 5/4/07.(Neal, Alonzo)
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                                                          Blank 27 Filed: 4/24/2007, Entered: 4/25/2007 Status Report/Order
                                                          STATUS REPORT ORDER: Petitioner shall file a status report by 5/7/2007 Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo)
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                                                            Blank -- Filed: 4/23/2007, Entered: 4/23/2007
                                                            Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 4/19/2007 from 2:00 until 2:15 PM. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. The parties discussed the scheduling of petitioner's expert report. (cc2, )
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                                                              Blank 26 Filed: 3/22/2007, Entered: 3/26/2007 Status Conference Order
                                                              STATUS CONFERENCE ORDER: Telephonic Status Conference set for 4/19/2007 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                Blank 25 Filed: 3/7/2007, Entered: 3/14/2007 Order
                                                                ORDER re [22] Status Report filed by LINDA P. VENEMAN. On or before 3/23/07, the parties shall contact the undersigned's law clerk to schedule the next status conference to discuss petitioner's progress regarding retention of an expert and to schedule petitioner's expert report. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                  Blank 24 Filed: 2/8/2007, Entered: 2/11/2007 Status Report
                                                                  STATUS REPORT, filed by LINDA P. VENEMAN. Service: 2/05/07.(tjk, )
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                                                                    Blank 23 Filed: 2/5/2007, Entered: 2/9/2007 Medical Records
                                                                    NOTICE OF FILING: MEDICAL RECORDS [Exhibit(s) #22] filed by LINDA P. VENEMAN. Service: 1/31/07.(tjk, )
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                                                                      Blank 22 Filed: 2/5/2007, Entered: 2/8/2007 Status Report
                                                                      STATUS REPORT, filed by LINDA P. VENEMAN. Service: 1/31/07.(tjk, )
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                                                                        Blank 21 Filed: 2/2/2007, Entered: 2/8/2007 Status Report/Order
                                                                        STATUS REPORT ORDER Petitioner's counsel shall file a Status Report regarding consultation with a rheumatologist due by 2/07/07. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                          Blank 20 Filed: 1/25/2007, Entered: 1/28/2007 Order on Motion to Strike
                                                                          ORDER granting [18] Motion to Strike. On or before 1/31/07, petitioner's counsel shall file a Status Report. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                            Blank -- Filed: 1/25/2007, Entered: 1/28/2007 Set Deadlines/Hearings:
                                                                            Set Deadlines/Hearings: Status Report due by 1/31/2007 (tjk, )
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                                                                              Blank 19 Filed: 1/23/2007, Entered: 1/25/2007 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 Patricia E. Campbell-Smith. (tjk, )
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                                                                                Blank 18 Filed: 1/22/2007, Entered: 1/25/2007, Terminated: 1/25/2007 Terminated:
                                                                                MOTION to Strike (Medical Records, Exhibit #3 contained in [1] Petition) , filed by LINDA P. VENEMAN. Service: 1/16/07.Response due by 2/2/2007. (tjk, )
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                                                                                  Blank 17 Filed: 1/19/2007, Entered: 1/21/2007 Description not available
                                                                                  SCHEDULING ORDER: Petitioner shall file a motion to strike medical records not pertaining to petitioner and all associated references in respondent's Rule 4 report based on erroneous medical records due by 1/24/07. Petitioner shall file a Status Report regarding expert due by 2/02/07. Petitioner shall file responses to all of respondent's record requests contained in the Rule 4 report due by 2/12/07. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                    Blank -- Filed: 1/17/2007, Entered: 1/17/2007
                                                                                    Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 1/11/2007 from 3:30 until 3:50 PM (ET) to discuss respondent's Rule 4 report and further scheduling in this matter. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. (cc2, )
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                                                                                      Blank 16 Filed: 12/13/2006, Entered: 12/18/2006 Status Conference Order
                                                                                      STATUS CONFERENCE ORDER: Telephonic Status Conference set for 1/11/2007 03:30 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                        Blank 15 Filed: 10/31/2006, Entered: 11/3/2006 Order
                                                                                        ORDER re Counsel shall contact chambers on or before 11/09/06, to schedule the next status conference in this matter. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                          Blank 14 Filed: 10/6/2006, Entered: 10/10/2006 Respondent's Report
                                                                                          Respondent's Rule 4(c) Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/06/06. (tjk, )
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                                                                                            Blank 13 Filed: 8/17/2006, Entered: 8/21/2006 Description not available
                                                                                            SCHEDULING ORDER:Respondent's Report due by 10/6/2006. Signed by Special Master Patricia E. Campbell-Smith. (dls )
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                                                                                              Blank -- Filed: 8/16/2006, Entered: 8/16/2006
                                                                                              Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 8/15/2006 from 2:10 until 2:30 PM. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. (cc2, )
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                                                                                                Blank 12 Filed: 8/3/2006, Entered: 8/4/2006 Medical Records
                                                                                                MEDICAL RECORDS [Exhibit(s) #19-21] filed by LINDA P. VENEMAN. Service: 7/31/06.(tjk, )
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                                                                                                  Blank -- Filed: 6/21/2006, Entered: 6/21/2006
                                                                                                  Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith: a telephonic Status Conference was held on 6/20/2006 from 2:00 until 2:10 PM. Mr. Jay Bansal represented petitioner and Ms. Melonie McCall represented respondent. (cc2, )
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                                                                                                    Blank 11 Filed: 5/23/2006, Entered: 5/25/2006 Description not available
                                                                                                    SCHEDULING ORDER: Petitioner's counsel shall confer with Respondent's counsel on or before 5/26/06, to determine what filings are missing from his copy of the record. Respondent's counsel shall provide to Petitioner's counsel, on or before 5/26/06, a list of the outstanding medical records. Status Conference set for 6/20/2006 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                      Blank 10 Filed: 5/22/2006, Entered: 5/24/2006 Order
                                                                                                      ORDER re The Notice of Appearance filed by attorney Jay Bansal attached to this order is hereby filed by leave of the Special Master. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                        Blank -- Filed: 5/22/2006, Entered: 5/24/2006 Add and Terminate Attorneys
                                                                                                        ***Attorney Jay Ankur Bansal for LINDA P. VENEMAN added. (tjk, )
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                                                                                                          Blank 9 Filed: 5/16/2006, Entered: 5/18/2006 Description not available
                                                                                                          STATUS CONFERENCE ORDER: Telephonic Status Conference reset for 5/23/2006 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                            Blank 8 Filed: 5/4/2006, Entered: 5/8/2006 Order
                                                                                                            ORDER re Mr. Veneman is no longer a named party in this case. The case caption shall be corrected. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                              Blank 7 Filed: 5/2/2006, Entered: 5/3/2006 Terminated:
                                                                                                              MOTION to Dismiss filed by LINDA P. VENEMAN, CHARLES A VENEMAN. Service: 4/28/06.Response due by 5/15/2006. (tjk, ) Modified on 5/3/2006 (tjk, ).
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                                                                                                                Blank 6 Filed: 4/26/2006, Entered: 4/28/2006 Description not available
                                                                                                                SCHEDULING ORDER: Respondent's Motion to consolidate cases 06-203V and 06-204V into one petition is granted. The 2 petitions shall be consolidated into 06-203V. Mr. Veneman shall file a Motion for Voluntary Dismissal by 5/10/06. Status Conference set for 5/23/2006 09:00 AM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                                  Blank -- Filed: 4/25/2006, Entered: 4/25/2006
                                                                                                                  Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A Telephonic Status Conference was held on April 25, 2006, from 9:00 to 9:30 a.m. Mr. Charles Veneman and Mrs. Linda Veneman represented themselves and Ms. Melonie McCall represented respondent. (als, )
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                                                                                                                    Blank 5 Filed: 3/31/2006, Entered: 4/6/2006 Description not available
                                                                                                                    STATUS CONFERENCE ORDER: Telephonic Status Conference set for 4/25/2006 09:00 AM (EDT) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                                      Blank 4 Filed: 3/23/2006, Entered: 3/28/2006 Notice of Appearance/
                                                                                                                      NOTICE of Appearance by Melonie June McCall for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/23/06.(tjk, )
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                                                                                                                        Blank 3 Filed: 3/17/2006, Entered: 3/22/2006 Order
                                                                                                                        ORDER re Petitioner shall confer with respondent and then contact the court by 4/10/06, to suggest three possible dates and times for the initial status conference. Signed by Special Master Patricia E. Campbell-Smith. (tjk, )
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                                                                                                                          Blank 2 Filed: 3/13/2006, Entered: 3/16/2006 Notice Of Assignment
                                                                                                                          NOTICE of Assignment to Special Master Patricia Campbell-Smith. (tjk, )
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                                                                                                                            Blank 1 Filed: 3/13/2006, Entered: 3/16/2006 Petition
                                                                                                                            PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES [Filed with Exhibits #1-18]( Filing fee $250, Receipt number 064587) [Vaccination date: 10/10/05], filed by LINDA P. VENEMAN, CHARLES A VENEMAN.Respondents Report Due by 6/12/2006.(tjk, ) Modified on 3/16/2006 (tjk, ).
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