PESTKA et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:06-vv-00708-UNJ

Tags No tags have been applied so far. Sign in to add some.
Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo KELSEY LYNN SHORT, Petitioner

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert T. Moxley +1 307 632 1112 +1 307 632 0401 vaccinelawyer@gmail.com
No Logo WAYNE PESTKA, Petitioner

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
Space Robert T. Moxley +1 307 632 1112 +1 307 632 0401 vaccinelawyer@gmail.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 Michael Patrick Milmoe +1 202 616 4125 mike.milmoe@usdoj.gov
Office COFC
Filed 10/13/2006
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
County None
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Pending Status entitlement
  Entries (40) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
Save 25% on a pre-paid one year subscription.
Blank 32 Filed: 8/22/2008, Entered: 8/28/2008 Description not available
SCHEDULING ORDER: Respondent Status Report due by 9/22/2008. Petitioner shall file an expert or experet reports by 9/5/2008. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
    LREF
    Blank -- Filed: 8/21/2008, Entered: 8/21/2008
    Minute Entry for proceeding held by telephone on 8/21/2008 held before Special Master Christian J. Moran: Status Conference held on 8/21/2008 to discuss petitioner's progress in obtaining expert reports.. [Total number of days of proceeding: 1]. Proceeding was not officially recorded. (For parties in the case only, click HERE for link to Court of Federal Claims web site forms page for information on ordering: certified transcript from reporter or certified transcript of proceeding from official digital recording.)(Moran, Christian)
      LREF
      Blank 31 Filed: 8/20/2008, Entered: 8/26/2008 Motion for Extension of Time (Vaccine)
      MOTION for Extension of Time until 8/29/08 to File expert reports, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 8/11/08.Response due by 9/8/2008. (Neal, Alonzo)
        LREF
        Blank 30 Filed: 7/9/2008, Entered: 7/17/2008 Description not available
        SCHEDULING ORDER: Pursuant to the discussion during the 7/08/08 conference call, petitioner shall file an Expert Report due by 8/7/2008. The next Status Conference set for 8/21/2008 03:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
          LREF
          Blank -- Filed: 7/8/2008, Entered: 7/8/2008
          Minute Entry for proceeding held before Special Master Christian J. Moran: A telephonic status conference was held on 7/8/2008 to discuss the progress of the case. Petitioner's expert report is due by 8/7/2008. The next status conference is scheduled for 8/21/2008 at 3:00 P.M. Eastern Time. [Total number of days of proceeding: 1]. Proceeding was not officially recorded. (For parties in the case only, click HERE for link to Court of Federal Claims web site forms page for information on ordering: certified transcript from reporter or certified transcript of proceeding from official digital recording.)(fs)
            LREF
            Blank 29 Filed: 7/3/2008, Entered: 7/9/2008 Status Report
            STATUS REPORT re [28]Order, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 7/03/08.(tjk, )
              LREF
              Blank 28 Filed: 5/30/2008, Entered: 6/9/2008 Description not available
              SCHEDULING ORDER: Status Report due by 7/3/2008 Status Conference set for 7/8/2008 02:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                LREF
                Blank 27 Filed: 4/8/2008, Entered: 4/14/2008 Medical Literature
                MEDICAL LITERATURE [Exhibit #15-27] filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 4/4/08.(Neal, Alonzo)
                  LREF
                  Blank 26 Filed: 4/3/2008, Entered: 4/8/2008 Description not available
                  SCHEDULING ORDER: Petitioner shall file the literture cited by Dr.Kinsbourne in his report and Dr.Kinsbourne's curriculum vitae by 4/4/2008. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                    LREF
                    Blank 25 Filed: 4/1/2008, Entered: 4/4/2008 Motion for Extension of Time (Vaccine)
                    Status Report and MOTION for Extension of Time until 4/4/08 to file medical Literature, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 3/26/08.Response due by 4/18/2008. (Neal, Alonzo)
                      LREF
                      Blank 24 Filed: 2/22/2008, Entered: 2/25/2008 Description not available
                      SCHEDULING ORDER: Petitioner shall file the literature cited by Dr. Kinsbourne in his report and Dr. Kinsbourne's curriculum vitae by 3/24/08.Petitioner Status Report due by 4/11/2008. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                        LREF
                        Blank -- Filed: 2/21/2008, Entered: 2/21/2008
                        Minute Entry for proceedings held before Special Master Christian J. Moran : Status Conference held on 2/21/08 regarding petitioner's expert report. (szs)
                          LREF
                          Blank 23 Filed: 2/11/2008, Entered: 2/13/2008 Expert Report
                          EXPERT REPORT of Dr. Marcel Kinsbourne, M.D. (Ex. no. 14) filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 1/29/08.(Neal, Alonzo)
                            LREF
                            Blank 22 Filed: 12/4/2007, Entered: 12/6/2007 Description not available
                            SCHEDULING ORDER: Petitioner's 11/29/07 request for an enlargement of time to file the Expert Report is hereby GRANTED. Petitioner shall file her Expert Report by 1/18/08. Signed by Special Master Christian J. Moran. (tjk, )
                              LREF
                              Blank 21 Filed: 11/29/2007, Entered: 12/3/2007 Status Report
                              STATUS REPORT, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 11/20/07.(Neal, Alonzo)
                                LREF
                                Blank 20 Filed: 11/13/2007, Entered: 11/14/2007 Notice of Intent to Remain in the Program
                                NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 11/05/07.(tjk, )
                                  LREF
                                  Blank 19 Filed: 10/26/2007, Entered: 10/30/2007 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. Petitioner shall file a notice of intent to either withdraw the petition or have the petition remain before the special master no later than 11/30/07. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                                    LREF
                                    Blank 18 Filed: 9/19/2007, Entered: 9/22/2007 Order on Motion for Extension of Time to File (Vac
                                    ORDER granting [17] Motion for Extension of Time Expert Report due by 10/31/2007. Signed by Special Master Christian J. Moran. (tjk, )
                                      LREF
                                      Blank 17 Filed: 9/7/2007, Entered: 9/11/2007, Terminated: 9/19/2007 Terminated:
                                      MOTION for Extension of Time until the last week of October 2007 to file the Expert Report, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 8/28/07.Response due by 9/14/2007. (tjk, )
                                        LREF
                                        Blank 16 Filed: 6/26/2007, Entered: 6/27/2007 Description not available
                                        CORRECTED ORDER: A status conference in this matter was held on 6/18/07. Pursuant to the discussions held during that call, petitioner shall file an expert report by 8/17/07. Status Conference set for 8/23/2007 02:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                                          LREF
                                          Blank 15 Filed: 6/19/2007, Entered: 6/25/2007 Description not available
                                          SCHEDULING ORDER: Petitioner shall file an Expert Report due by 8/18/2007. Telephonic Status Conference set for 8/23/2007 02:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
                                            LREF
                                            Blank -- Filed: 6/18/2007, Entered: 6/18/2007
                                            Minute Entry for proceedings held before Special Master Christian J. Moran: Status Conference held on 6/18/07 to schedule due date for petitioner's expert report. (szs)
                                              LREF
                                              Blank 14 Filed: 6/12/2007, Entered: 6/13/2007 Respondent's Report
                                              Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 6/11/07. (Neal, Alonzo)
                                                LREF
                                                Blank 13 Filed: 4/12/2007, Entered: 4/18/2007 Declaration
                                                DECLARATION of John Short (Ex. 13) by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 4/10/07.(Neal, Alonzo)
                                                  LREF
                                                  Blank 12 Filed: 4/11/2007, Entered: 4/18/2007 Description not available
                                                  SCHEDULING ORDER:Respondents Report due by 6/11/2007. Status Conference set for 6/18/2007 02:00 PM in Chambers (Telephonic) before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (Neal, Alonzo)
                                                    LREF
                                                    Blank -- Filed: 4/10/2007, Entered: 4/10/2007
                                                    Minute Entry for proceedings held before Special Master Christian J. Moran : Status Conference to discuss petitioner's progress in filing medical records and to set deadline for respondent's report held on 04/10/07. (Moran, Christian)
                                                      LREF
                                                      Blank 11 Filed: 4/9/2007, Entered: 4/12/2007 notice of filing
                                                      NOTICE OF FILING Exhibit #11 {Medical Records} and Exhibit #12 {Declaration of Wayne Pestka}, [Filed in 4 volumes] by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 4/06/07.(tjk, )
                                                        LREF
                                                        Blank 10 Filed: 3/23/2007, Entered: 4/5/2007 Description not available
                                                        SCHEDULING ORDER: Petitioner shall submit all outstanding Medical Records and Factual Affidavits by 4/06/07. Respondent's obligation to file the Rule 4 report remains suspended. Telephonic Status Conference set for 4/10/2007 02:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
                                                          LREF
                                                          Blank -- Filed: 3/22/2007, Entered: 3/22/2007
                                                          Minute Entry for proceedings held before Special Master Christian J. Moran : Status Conference to discuss petitioner's progress in filing medical records and affidavits held on 03/22/07. (Moran, Christian)
                                                            LREF
                                                            Blank 9 Filed: 3/16/2007, Entered: 3/24/2007 Status Conference Order
                                                            ORDER: Petitioner's motion for the issuance of a subpoena is hereby FOUND AS MOOT. Telephonic Status Conference set for 3/2/2007 03:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
                                                              LREF
                                                              Blank 8 Filed: 3/2/2007, Entered: 3/7/2007 Motion to Issue Subpoena
                                                              MOTION to Issue Subpoena, filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 2/27/07.Response due by 3/16/2007. (tjk, )
                                                                LREF
                                                                Blank 7 Filed: 2/23/2007, Entered: 2/26/2007 Status Conference Order
                                                                ORDER: Petitioner shall submit all outstanding medical records in this matter, if petitioner is unable to gather the records without a subpoena, he may file a motion requesting a subpoena. The Rule 4 report is suspended until further notice. Telephonic Status Conference set for 3/16/2007 03:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
                                                                  LREF
                                                                  Blank -- Filed: 2/22/2007, Entered: 2/22/2007
                                                                  Minute Entry for proceedings held before Special Master Christian J. Moran : Status Conference held on 02/22/07, to discuss progress in obtaining medical records. (Moran, Christian)
                                                                    LREF
                                                                    Blank 6 Filed: 2/20/2007, Entered: 2/26/2007 Medical Records
                                                                    MEDICAL RECORDS [Exhibit(s) #7-10] filed by WAYNE PESTKA, KELSEY LYNN SHORT. Service: 2/15/07.(tjk, )
                                                                      LREF
                                                                      Blank 5 Filed: 12/15/2006, Entered: 12/20/2006 Description not available
                                                                      SCHEDULING ORDER: Petitioner shall submit Medical records due by 2/15/2007. Respondent's Rule 4 report is suspended until further notice. Telephonic Status Conference set for 2/22/2007 02:00 PM before Special Master Christian J. Moran. Signed by Special Master Christian J. Moran. (tjk, )
                                                                        LREF
                                                                        Blank -- Filed: 12/14/2006, Entered: 12/14/2006
                                                                        Minute Entry for proceedings held before Special Master Christian J. Moran: Status Conference held on 12/14/06. (szs)
                                                                          LREF
                                                                          Blank 3 Filed: 11/2/2006, Entered: 11/2/2006
                                                                          INITIAL ORDER Signed by Special Master Christian J. Moran. (mij, )
                                                                            LREF
                                                                            Blank 4 Filed: 10/31/2006, Entered: 11/5/2006 Notice of Appearance/
                                                                            NOTICE of Appearance by Michael Patrick Milmoe for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/31/06.(tjk, )
                                                                              LREF
                                                                              Blank 2 Filed: 10/13/2006, Entered: 10/16/2006 Notice Of Assignment
                                                                              NOTICE of Assignment to Special Master Christian J. Moran. (tjk, )
                                                                                LREF
                                                                                Blank 1 Filed: 10/13/2006, Entered: 10/16/2006 Petition
                                                                                PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 065559) [Filed with one volume of records, Exhibits #1-6], filed by WAYNE PESTKA, KELSEY LYNN SHORT.Respondents Report due by 1/11/2007.(tjk, )
                                                                                  LREF

                                                                                  Statistics

                                                                                  This case has been viewed 123 times.

                                                                                  No comments have been added yet. Sign in to post a comment.
                                                                                  Space
                                                                                  Issues Laws Cases Pro Articles Firms Entities
                                                                                  Issues Laws Cases Pro Articles Firms Entities
                                                                                   
                                                                                  PlainSite
                                                                                  Sign Up
                                                                                  Need Password Help?