BIGELOW v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:06-vv-00727-UNJ

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No Logo THOMAS F BIGELOW, Jr., Petitioner

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Name Phone Fax E-Mail
Space Hal Gordon Ostrow +1 616 459 7100 +1 616 459 6366 ostrow@wheelerupham.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 Lisa Ann Watts +1 202 616 4099 lisa.a.watts@usdoj.gov
Office COFC
Filed 10/23/2006
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 8/7/2008
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 56 Filed: 8/15/2008, Entered: 8/21/2008 Petitioner's Election to Accept Judgment
Petitioner's Election to Accept [55] Judgment. Service: 8/14/08.(Neal, Alonzo)
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    Blank 55 Filed: 8/7/2008, Entered: 8/7/2008
    JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the lump sum amount of $830,000.00 in the form of a check payable to petitioner.(dls)
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      Blank 54 Filed: 7/30/2008, Entered: 8/6/2008 Notice Not to Seek Review
      NOTICE Not to Seek Review, filed by SECRETARY OF HEALTH AND HUMAN SERVICES re [52] DECISION of Special Master. Service: 7/30/08.(tjk, )
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        Blank 53 Filed: 7/30/2008, Entered: 8/6/2008 Notice Not to Seek Review
        NOTICE Not to Seek Review, filed by THOMAS F BIGELOW, Jr re [52] DECISION of Special Master. Service: 7/29/08.(Neal, Alonzo)
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          Blank 52 Filed: 7/28/2008, Entered: 8/4/2008 DECISION of Special Master
          DECISION Fedex on 7/28/08, tracking 866510837775. Signed by Chief Special Master Gary J. Golkiewicz. (Neal, Alonzo)
            LREF
            Blank 51 Filed: 7/23/2008, Entered: 7/30/2008 Stipulation
            STIPULATION, filed by THOMAS F BIGELOW, Jr, SECRETARY OF HEALTH AND HUMAN SERVICES. (tjk, )
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              Blank 50 Filed: 7/17/2008, Entered: 7/23/2008 Order Reassigning Case Special Master
              ORDER REASSIGNING CASE to Special Masters Gary J. Golkiewicz. Signed by Chief Special Master Gary J. Golkiewicz. (tjk, )
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                Blank 49 Filed: 7/17/2008, Entered: 7/23/2008 Status Report
                STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 7/14/08.(Neal, Alonzo)
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                  Blank 48 Filed: 7/10/2008, Entered: 7/18/2008 Description not available
                  SCHEDULING ORDER: Status Report due by 7/25/2008 Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                    Blank 47 Filed: 7/9/2008, Entered: 7/14/2008 Status Report
                    15-WEEK STIPULATION STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/9/08.(Neal, Alonzo)
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                      Blank -- Filed: 4/15/2008, Entered: 4/15/2008
                      Minute Entry for ADR proceeding held in Grand Rapids, Michigan on 3/19/2008, ended on 3/20/2008, held before Special Master Gary J. Golkiewicz : Settlement Conference held on 3/19/2008. [Total number of days of proceeding: 2]. 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.)(co)
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                        Blank 46 Filed: 3/28/2008, Entered: 3/30/2008 15-Week Stipulation Order
                        ORDER. The parties represent that they have achieved a tentative settlement pursuant to the Joint Status Report filed on 3/26/08. By 7/9/08 Respondent shall deliver a stipulation to petitioner for signature. Respondent shall file a Status Report when Respondent sends the stipulation to petitoner for signature. Signed by Special Master John F. Edwards. (tjk, )
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                          Blank 45 Filed: 3/26/2008, Entered: 3/30/2008 Joint Status Report
                          JOINT STATUS REPORT regarding settlement, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/26/08.(tjk, )
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                            Blank 44 Filed: 3/25/2008, Entered: 3/29/2008 Joint Status Report
                            JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/25/08.(tjk, )
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                              Blank 43 Filed: 2/21/2008, Entered: 2/27/2008 Life Care Plan
                              NOTICE OF FILING: REVISED LIFE CARE PLAN assessed by Susan VandeByl and Cindy Stowe (Ex. no. 28) filed by THOMAS F BIGELOW, Jr. Service: 2/14/08.(tjk, )
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                                Blank -- Filed: 1/10/2008, Entered: 1/10/2008
                                Minute Entry for proceedings held before Special Master Gary J. Golkiewicz: Status Conference held on 01/10/08 to discuss ADR options. Chief Special Master Golkiewicz to contact parties individually next week to discuss the case further. (co)
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                                  Blank 42 Filed: 1/7/2008, Entered: 1/7/2008
                                  ORDER re At the parties' request, the special master refers this case to the Chief Special Master, who will assign another special master to conduct ADR proceedings. Signed by Special Master John F. Edwards. (tjk, )
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                                    Blank -- Filed: 1/4/2008, Entered: 1/4/2008
                                    Minute Entry for proceedings held before Special Master John F. Edwards: At the parties' request, the special master convened a Status Conference on 1/4/2008. Hal Ostrow, Esq., appeared for petitioner. Lisa A. Watts, Esq., appeared for respondent. The parties requested that the special master refer the case to the Chief Special Master, who will assign another special master to conduct ADR proceedings. (Edwards, John)
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                                      Blank 41 Filed: 12/13/2007, Entered: 12/14/2007 notice of filing
                                      NOTICE OF FILING Petitioner's Table of Contents, Exhibits 26-27 by THOMAS F BIGELOW, Jr. Service: 12/7/07.(Neal, Alonzo)
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                                        Blank 40 Filed: 12/4/2007, Entered: 12/4/2007
                                        STATUS REPORT ORDER By no later than 1/25/08, the parties shall file a Joint Status Report informing the special master about the potential for an informal, negotiated resolution of the case. Signed by Special Master John F. Edwards. (tjk, )
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                                          Blank 39 Filed: 11/30/2007, Entered: 12/4/2007 Status Report
                                          STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/30/07.(Neal, Alonzo)
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                                            Blank 38 Filed: 11/6/2007, Entered: 11/8/2007 Terminated:
                                            MOTION for Extension of Time until 30 days to file status report, filed by THOMAS F BIGELOW, Jr. Service: 11/2/07.Response due by 11/23/2007. (Neal, Alonzo)
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                                              Blank 37 Filed: 11/1/2007, Entered: 11/6/2007 Order
                                              ORDER: The special master GRANTS respondent's motion for extension of time. Therefore, by no later than 11/30/07, respondent shall comply with the special master's 10/17/07 order. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                                Blank -- Filed: 11/1/2007, Entered: 11/6/2007 Set/Reset Deadlines:
                                                Set/Reset Deadlines: Notice of Compliance due by 11/30/2007.Transfer Complaint due by 11/21/2007. (Neal, Alonzo)
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                                                  Blank 36 Filed: 10/30/2007, Entered: 10/31/2007 Terminated:
                                                  MOTION for Extension of Time until 30 days to File status report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/30/07.Response due by 11/16/2007. (Neal, Alonzo)
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                                                    Blank 35 Filed: 10/30/2007, Entered: 10/31/2007 Notice of Appearance/
                                                    NOTICE of Appearance by Lisa Ann Watts for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/30/07.(tjk, )
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                                                      Blank 34 Filed: 10/17/2007, Entered: 10/18/2007 Status Report/Order
                                                      STATUS REPORT ORDER By no later than 10/31/07, respondent shall file a status report. In the status report, respondent shall inform the special master about the life planner's progress and respondent's progress in tendering a counter-offer of settlement to petitioner. Signed by Special Master John F. Edwards. (tjk, )
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                                                        Blank 33 Filed: 9/21/2007, Entered: 9/25/2007 Joint Status Report
                                                        JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/21/07.(tjk, )
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                                                          Blank 32 Filed: 8/13/2007, Entered: 8/14/2007 Description not available
                                                          SCHEDULING ORDER:Joint Status Report due by 9/21/2007 Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                                            Blank 31 Filed: 8/9/2007, Entered: 8/14/2007 Joint Status Report
                                                            JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/09/07.(tjk, )
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                                                              Blank 30 Filed: 7/10/2007, Entered: 7/10/2007
                                                              ORDER:Parties shall file a joint status report by 8/10/07, informing the special master about the parties' progress in scheduling a site visit. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                                                Blank 29 Filed: 7/6/2007, Entered: 7/9/2007 Status Report
                                                                STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/6/07.(Neal, Alonzo)
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                                                                  Blank 28 Filed: 7/5/2007, Entered: 7/9/2007 Notice of Intent to Remain in the Program
                                                                  NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 7/2/07.(Neal, Alonzo)
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                                                                    Blank 27 Filed: 7/2/2007, Entered: 7/5/2007 Affidavit
                                                                    AFFIDAVIT by THOMAS F BIGELOW, Jr. Service: 6/28/07.(Neal, Alonzo)
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                                                                      Blank 26 Filed: 6/28/2007, Entered: 7/3/2007 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 25 Filed: 6/14/2007, Entered: 6/15/2007 Order
                                                                        ORDER:Respondent shall file a status report informing the special master about respondent's progress in evaluating petitioner's settlement demand by 7/6/07. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                                                          Blank 24 Filed: 6/12/2007, Entered: 6/13/2007 Status Report
                                                                          STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 6/8/07.(Neal, Alonzo)
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                                                                            Blank 23 Filed: 6/7/2007, Entered: 6/7/2007
                                                                            ORDER: Petitioner shall file a status report by 6/29/07 informing the special master about petitioner's progress in delivering a settlement demand to respondent. Signed by Special Master John F. Edwards. (Neal, Alonzo)
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                                                                              Blank 22 Filed: 6/5/2007, Entered: 6/7/2007 Status Report
                                                                              STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 5/31/07.(Neal, Alonzo)
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                                                                                Blank 21 Filed: 5/9/2007, Entered: 5/11/2007 Status Report/Order
                                                                                STATUS REPORT ORDER Petitioner shall file a Status Report informing the special master about petitioner's progress in delivering a settlement demand to respondent due by 6/1/2007 Signed by Special Master John F. Edwards. (tjk, )
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                                                                                  Blank 20 Filed: 5/7/2007, Entered: 5/9/2007 Status Report
                                                                                  STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 5/2/07.(Neal, Alonzo)
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                                                                                    Blank 19 Filed: 4/3/2007, Entered: 4/8/2007 Status Report/Order
                                                                                    STATUS REPORT ORDER By no later than 5/11/07, petitioner shall file a Status Report about petitioner's progress in preparing a settlement demand. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                      Blank 18 Filed: 4/2/2007, Entered: 4/8/2007 Status Report
                                                                                      STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 3/28/07.(tjk, )
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                                                                                        Blank 17 Filed: 3/8/2007, Entered: 3/14/2007 Status Report/Order
                                                                                        STATUS REPORT ORDER Petitioner shall file a Status Report due by 3/30/2007 informing the special master about progress in the preparing a settlement demand. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                          Blank -- Filed: 3/8/2007, Entered: 3/8/2007
                                                                                          Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on March 8, 2007. Mr. Hal Ostrow appeared via telephone for petitioner. Ms. Robin Brodrick appeared via telephone for respondent. The Special Master reviewed petitioner's preparation of a settlement demand and recommended that respondent retain a life care planner now to assist in the review of the settlement demand. (ds2, )
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                                                                                            Blank 16 Filed: 3/5/2007, Entered: 3/8/2007 Joint Status Report
                                                                                            JOINT STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 2/22/07.(tjk, )
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                                                                                              Blank 15 Filed: 1/22/2007, Entered: 1/25/2007 Status Report/Order
                                                                                              STATUS REPORT ORDER The parties shall file a Joint Status Report due by 2/23/2007. The status report will inform the special master about the potential for settlement. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                Blank -- Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on January 19, 2007. Mr. Hal Ostrow appeared via telephone for petitioner. Ms. Robin Brodrick appeared via telephone for respondent. Respondent indicated a desire to pursue a litigative risk resolution in the case. (ds2, )
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                                                                                                  Blank 14 Filed: 12/22/2006, Entered: 12/29/2006 Status Report
                                                                                                  STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 12/18/06.(tjk, )
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                                                                                                    Blank 12 Filed: 12/22/2006, Entered: 12/22/2006
                                                                                                    STATUS REPORT, filed by THOMAS F BIGELOW, Jr. Service: 12/18/06.(dls )
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                                                                                                      Blank 13 Filed: 12/21/2006, Entered: 12/27/2006 Medical Records
                                                                                                      NOTICE OF FILING: MEDICAL RECORDS [Exhibit(s) #19- Volume IV] filed by THOMAS F BIGELOW, Jr. Service: 12/18/06.(tjk, )
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                                                                                                        Blank 11 Filed: 12/15/2006, Entered: 12/20/2006 notice of filing
                                                                                                        NOTICE OF FILING [Volume III - Exhibits #17-18]by THOMAS F BIGELOW, Jr. Service: 12/12/06.(tjk, )
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                                                                                                          Blank 10 Filed: 12/8/2006, Entered: 12/10/2006 Status Report/Order
                                                                                                          STATUS REPORT ORDER Petitioner shall file a Status Report regarding the records that respodent has requested. Status Report due by 12/22/2006 Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                            Blank 9 Filed: 12/6/2006, Entered: 12/10/2006 Status Report
                                                                                                            STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/06/06.(tjk, )
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                                                                                                              Blank 8 Filed: 11/21/2006, Entered: 11/29/2006 Description not available
                                                                                                              SCHEDULING ORDER: Respondent shall file a Status Report due by 12/08/06. Respondent shall file the Rule 4 report by 1/22/07. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                Blank -- Filed: 11/20/2006, Entered: 11/20/2006
                                                                                                                Minute Entry for proceedings held before Special Master John F. Edwards : A Status Conference was held on November 20, 2006. Mr. Hal Ostrow appeared via telephone for petitioner. Ms. Heather Pearlman appeared via telephone for respondent. (ds2, )
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                                                                                                                  Blank 7 Filed: 11/6/2006, Entered: 11/6/2006
                                                                                                                  STATUS CONFERENCE ORDER: Telephonic Status Conference set for 11/20/2006 02:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                    Blank 6 Filed: 11/3/2006, Entered: 11/6/2006 Joint Status Report
                                                                                                                    JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/03/06.(tjk, )
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                                                                                                                      Blank 5 Filed: 10/31/2006, Entered: 11/5/2006 Notice of Appearance/
                                                                                                                      NOTICE of Appearance by Robin Lynn Brodrick for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/31/06.(tjk, )
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                                                                                                                        Blank 4 Filed: 10/26/2006, Entered: 10/30/2006 Status Report/Order
                                                                                                                        ORDER re Respondent shall immediately enter a Notice of Appearance. By no later than 11/09/06, the parties shall file a Joint Status Report proposing three dates and times for the early status conference. Signed by Special Master John F. Edwards. (tjk, )
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                                                                                                                          Blank 3 Filed: 10/25/2006, Entered: 10/26/2006 Amended Petition
                                                                                                                          AMENDED PETITION re: [1] Petition filed by THOMAS F BIGELOW, Jr. Service: 10/24/06.(tjk, )
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                                                                                                                            Blank 2 Filed: 10/23/2006, Entered: 10/25/2006 Notice Of Assignment
                                                                                                                            NOTICE of Assignment to Special Master John F. Edwards. (tjk, )
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                                                                                                                              Blank 1 Filed: 10/23/2006, Entered: 10/25/2006 Petition
                                                                                                                              PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 065599) [Vaccination date: 11/08/05](Filed with one volume, Exhibits 1-13), filed by THOMAS F BIGELOW, Jr.Respondents Report due by 1/22/2007.(tjk, )
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