LAUDER et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:06-vv-00758-UNJ

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No Logo KRISTA LAUDER, Petitioner

Toggle Switch Represented by Whitfield Sharp & Sharp

Name Phone Fax E-Mail
Space Elaine Whitfield Sharp +1 781 629 1862 +1 781 333 4157 elainesharp@sharplaw.biz
No Logo ROBERT LAUDER, Petitioner

Toggle Switch Represented by Whitfield Sharp & Sharp

Name Phone Fax E-Mail
Space Elaine Whitfield Sharp +1 781 629 1862 +1 781 333 4157 elainesharp@sharplaw.biz
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 11/8/2006
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
Flag ECF
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Legal Document (Payment Possibly Required) 26 Filed: 5/12/2008, Entered: 5/12/2008
STATUS REPORT RE. OBTAINING CT SCAN AND FETAL HEART MONITOR STRIP, filed by ROBERT LAUDER. (Sharp, Elaine)
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    Legal Document (Payment Possibly Required) 25 Filed: 3/21/2008, Entered: 3/21/2008
    STATUS REPORT of Petitioner Re. CT/MRI scans, and Other Medical Records, filed by KRISTA LAUDER. (Sharp, Elaine)
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      Legal Document (Payment Possibly Required) 24 Filed: 2/14/2008, Entered: 2/14/2008
      ORDER On February 13, 2008, petitioner requested that the court issue an order granting the issuance of subpoenae in this case. Counsel for respondent has indicated that she has no objection to this request. The court, pursuant to its power under Vaccine Rule 7(c), grants petitioner's request. Therefore, the court hereby approves the issuance of subpoenae in the above-captioned matter for the purpose of obtaining medical records pertaining to Krista Lauder from Mercy Hospital in Pittsburgh and Children's Hospital of Pittsburgh. Signed by Special Master Gary J. Golkiewicz. (co)
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        Legal Document (Payment Possibly Required) 23 Filed: 2/13/2008, Entered: 2/13/2008
        STATUS REPORT RE. ATTEMPTS TO OBTAIN CT and MRI SCANS, filed by KRISTA LAUDER, ROBERT LAUDER. (Sharp, Elaine)
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          Legal Document (Payment Possibly Required) 22 Filed: 1/16/2008, Entered: 1/16/2008
          SCHEDULING ORDER: Petitioner shall file, by no later than February 13, 2008, a status report detailing petitioner's progress with obtaining petitioner's CT scans. Petitioner shall file within sixty-five (65) days, by no later than March 21, 2008, an additional status report indicting whether petitioner has obtained the CT scans and petitioners progress with having the scans evaluated. Once petitioner has filed a status report indicating that petitioner has obtained the CT scans, petitioner shall file within ninety (90) days Dr. Kinsbourne's expert report. Signed by Special Master Gary J. Golkiewicz. (co)
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            Legal Document (Payment Possibly Required) 21 Filed: 11/26/2007, Entered: 11/26/2007
            ORDER The statutory 240-day time period for the special masters issuance of a decision in this case has expired. 42 U.S.C. ' 300aa-12(d)(3)(A)(ii). Accordingly, the statute provides that the special master: shall notify the petitioner under such petition that the petitioner may withdraw the petition under section 300aa-21(b) of this title or the petitioner may choose under section 300aa-21(b) of this title to have the petition remain before the special master. 42 U.S.C. ' 300aa-12(g). This Notice serves as the notice required by 42 U.S.C. ' 300aa-12(g). Signed by Special Master Gary J. Golkiewicz. (co)
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              Legal Document (Payment Possibly Required) 20 Filed: 10/11/2007, Entered: 10/11/2007
              STATUS REPORT on Filing of Allegheny County DA's File, filed by KRISTA LAUDER. (Attachments: # (1) Exhibit Allegheny DA's Medical Records - Vol 3# (2) Exhibit Allegheny DA's Med Rcds Vol 14# (3) Exhibit Allegheny DA's Copy of MedMal Action# (4) Exhibit Allegheny DA's Transcripts# (5) Exhibit Allegheny DA's Motions# (6) Exhibit Autopsy report (Previosuly filed with Petition and R4 Report)# (7) Exhibit Allegheny DA's 'Police' Records# (8) Exhibit Allegheny DA's Medical Rcds - Vol 4# (9) Exhibit Allegheny DA's Med Rcds - Vol 5# (10) Exhibit Allegheny DA's Med Rcds - Vol 7# (11) Exhibit Allegheny DA's Med Rcds - Vol 12# (12) Exhibit Allegheny DA's Med Rcds - Vol 13# (13) Exhibit Allegheny DA's Copies of Med Expts Letters# (14) Exhibit Allegheny DA's Taped Statements# (15) Exhibit Allegheny DA's Med Rcds - Vol 10# (16) Exhibit Allegheny DA's Police Rcds, Pleadings# (17) Exhibit Allegheny DA's Med Rcds - Vol 11# (18) Exhibit News and Media Generated by Allegheny County DA's Office of Criminal Prosecution of Mr. Lauder)(Sharp, Elaine)
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                Legal Document (Payment Possibly Required) 19 Filed: 10/9/2007, Entered: 10/9/2007
                STATUS REPORT re. Marcel Kinsbourne and Other Experts, filed by KRISTA LAUDER. (Attachments: # (1) Exhibit C.V. of Marcel Kinsbourne, M.D.# (2) Exhibit C.V. of Jan E. Leestma, M.D., M.M.)(Sharp, Elaine)
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                  Blank -- Filed: 9/28/2007, Entered: 9/28/2007
                  Minute Entry for proceedings held before Special Master Gary J. Golkiewicz : Status Conference held on 09/25/07 to discuss filing of records from Allegheny County DA's office pertaining to the criminal trial of Robert Lauder and also expert witnesses. Status report due from petitioner by no later than October 5, 2007, detailing progress with expert, date expert report anticipated, and what experts petitioner will be relying on. Petitioner also to file records from criminal trial. (co)
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                    Legal Document (Payment Possibly Required) 18 Filed: 9/26/2007, Entered: 9/26/2007
                    STATUS REPORT ORDER Status Report due by 10/5/2007 detailing:- - whether petitioner has met with Dr. Kinsbourne- - the date Dr. Kinsbourne estimates completion of his expert report, and- - which of the experts utilized in the criminal trial have agreed to participate in this civil matter. Petitioner also agreed to file within the week the records from the Allegheny County District Attorney's Office pertaining to the criminal trial of Robert Lauder. Signed by Special Master Gary J. Golkiewicz. (co)
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                      Legal Document (Payment Possibly Required) 17 Filed: 9/24/2007, Entered: 9/24/2007
                      STATUS CONFERENCE ORDER: Status Conference set for 9/25/2007 10:30 AM before Chief Special Master Gary J. Golkiewicz. Signed by Special Master Gary J. Golkiewicz. (co)
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                        Legal Document (Payment Possibly Required) 16 Filed: 8/8/2007, Entered: 8/8/2007
                        Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # (1) Exhibit Transcribed Interview with Police# (2) Exhibit Taped Interview with Police# (3) Exhibit Coroner Solicitor Hearing Transcript Conclusion)(Watts, Lisa)
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                          Legal Document (Payment Possibly Required) 15 Filed: 6/25/2007, Entered: 6/25/2007
                          SCHEDULING ORDER:Respondents Report due by 8/9/2007. Signed by Special Master Gary J. Golkiewicz. (pt1)
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                            Blank -- Filed: 6/25/2007, Entered: 6/25/2007
                            Minute Entry for proceedings held before Special Master Gary J. Golkiewicz : A Status Conference was held on June 20, 2007. Ms. Elaine Sharp represented the petitioner and Ms. Lisa Watts represented the respondent. Petitioner requested STC. She received a message from the DAs office saying that theyre sending copies of the criminal case court documents and her office is scanning them and will email to respondents attorney. She said she will email the documents by the end of the week. Respondent will file R4 within 45 days of receiving the documents and will file them if they are relevant. CSM wants to make sure that all outstanding medical records are filed. (pt1)
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                              Legal Document (Payment Possibly Required) 14 Filed: 6/18/2007, Entered: 6/18/2007
                              Consent MOTION for Status Conference Report for June 20, 2007 Status Conference (at 1:30 PM), filed by KRISTA LAUDER, ROBERT LAUDER.Response due by 7/5/2007. (Attachments: # (1) Exhibit Copy of Letters of Administration Appointing Rbt. Lauder as Administrator of Petitioner's Estate# (2) Exhibit Copy of August 9 Attempt to file Letters of Administration with COFC# (3) Exhibit Copy of August 18 Attempt to File Letters of Administration with COFC# (4) Exhibit Copy of Handwritten Note by Counsel for Petitioner Re. Communication with clerk at COFC Re. Filing of Letters of Administration# (5) Exhibit Copy of Postal Receipt Showing Date on Which ECF Motion was Mailed# (6) Exhibit Copy of June 14, 2007 Letter from Elaine Whitfield Sharp to Allegheny County ADA Lisa Pelligrini, et al Re. Subpoenaed Documents)(Sharp, Elaine)
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                                Legal Document (Payment Possibly Required) 13 Filed: 6/5/2007, Entered: 6/7/2007 Notice of Designation of Electronic Case
                                NOTICE of Designation of Electronic Case. (Neal, Alonzo) Additional attachment(s) added on 6/19/2007 (tjk, ).
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                                  Blank 12 Filed: 6/5/2007, Entered: 6/7/2007 Order on Motion for Miscellaneous Relief
                                  ORDER granting [11] Motion to convert case as electronic. Signed by Special Master Gary J. Golkiewicz. (Neal, Alonzo)
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                                    Blank 11 Filed: 6/4/2007, Entered: 6/5/2007, Terminated: 6/5/2007 Terminated:
                                    MOTION PETITIONER'S MOTION TO CONVERT CASE TO AN ECF CASE, filed by KRISTA LAUDER, ROBERT LAUDER. Service: 5/25/07.Response due by 6/11/2007. (Neal, Alonzo)
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                                      Blank -- Filed: 6/4/2007, Entered: 6/4/2007
                                      Minute Entry for proceedings held before Chief Special Master Gary J. Golkiewicz: Telephonic Status Conference held on 5/30/07 to discuss the undersigned's Order dated 5/23/07, the outstanding records from the Allegheny County District Attorneys office, and the outstanding record showing that Robert Lauder was appointed the administrator of Krista's estate. Ms. Elaine Sharp represented the petitioner and Ms. Lisa Watts represented the respondent. (jam, )
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                                        Blank 10 Filed: 5/23/2007, Entered: 5/24/2007 Order
                                        ORDER: Petitioner shall file the aforementioned information by 6/20/07. Respondent shall file Rule 4 (c) Report withing (60) days of petitioner's filing. Signed by Special Master Gary J. Golkiewicz. (Neal, Alonzo)
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                                          Blank 9 Filed: 4/9/2007, Entered: 4/17/2007 Order
                                          ORDER re [1] Petition filed by KRISTA LAUDER, ROBERT LAUDER. Based on the Decision issued by Special Master Patricia Campbell-Smith on 5/31/06, petitioner shall be afforded the filing dated of 1/10/05. Accordingly, for purposes of the limitations of actions, the filing date of 11/08/06 is VACATED. The Clerk shall enter a filing date of 1/10/05 for this petition. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                            Blank 8 Filed: 3/19/2007, Entered: 3/24/2007 Description not available
                                            SCHEDULING ORDER: Pursuant to the Status Conference held on 3/14/07, petitioner shall file: court documents regarding the administrator to the estate of Krista Lauder, records from Allegheny County, and all outstanding medical records. This information is due by 4/20/07. Once petitioner has filed the aforementioned documents, respondent shall file his Rule 4(c) Report within 60 days of petitioner's filing. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                              Blank 7 Filed: 3/16/2007, Entered: 3/24/2007 Order
                                              ORDER re Pursuant to an oral request of petitioner's counsel on 3/14/07, the court hereby APPROVES the ISSUANCE OF SUBPOENAS to be served on the Allegheny County District Attorney's Office for the purpose of obtaining relevant information. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                                Blank 6 Filed: 3/16/2007, Entered: 3/24/2007 Order
                                                ORDER re Pursuant to an oral request by petitioner's counsel on 3/14/07, the court hereby APPROVES the ISSUANCE OF SUBPOENAS for the purpose of obtaining all medical records pertaining to petitioner. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                                  Blank -- Filed: 3/16/2007, Entered: 3/16/2007
                                                  Minute Entry for proceedings held before Special Master Gary J. Golkiewicz : A Status Conference was held on March 14, 2007. Ms. Elaine Sharp represented the petitioner and Ms. Lisa Watts represented the respondent. This case was originally filed on July 5, 2005 and dismissed on May 31, 2006 for lack of jurisdiction. Petitioner was given one year from November 21, 2005 (the date of dismissal of the pending civil action) to re-file her claim. Petitioner re-filed her claim on November 8, 2006. Need to subpoena the records from the Allegheny County District Attorneys office. Petitioner needs to file the document showing that Robert Lauder was appointed the administrator of Kristas estate. (pt1)
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                                                    Blank 5 Filed: 1/25/2007, Entered: 1/28/2007 Status Conference Order
                                                    STATUS CONFERENCE ORDER: The due date for respondent's Rule 4(c) Report is suspended. A new date will be set at the Status Conference set for 3/14/2007 02:00 PM before Chief Special Master Gary J. Golkiewicz. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                                      Blank 4 Filed: 11/27/2006, Entered: 11/29/2006 Order
                                                      ORDER RE Petitioner shall confer with Respondent and then contact the court by 12/12/06 to suggest three possible dates and times for the initial conference call. Signed by Special Master Gary J. Golkiewicz. (tjk, )
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                                                        Blank 3 Filed: 11/15/2006, Entered: 11/19/2006 Notice of Appearance/
                                                        NOTICE of Appearance by Lisa Ann Watts for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/15/06.(tjk, )
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                                                          Blank 2 Filed: 11/8/2006, Entered: 11/13/2006 Notice Of Assignment
                                                          NOTICE of Assignment to Chief Special Master Gary J. Golkiewicz. (tjk, )
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                                                            Blank 1 Filed: 11/8/2006, Entered: 11/13/2006 Petition
                                                            PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 065665) [Filed with 3 volumes Exhibit #1-11] filed by KRISTA LAUDER, ROBERT LAUDER.Respondents Report due by 2/6/2007.(tjk, )
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