HARBIN et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
Federal Court Proceeding United States Court of Federal Claims, Case No. 1:07-vv-00364-UNJ

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No Logo KAREN A HARBIN, Petitioner

Toggle Switch Represented by SMITH & ALSPAUGH PC

Name Phone Fax E-Mail
Space Marcus Clay Alspaugh +1 205 324 8910
No Logo KAREN ANN HARBIN, Petitioner

Toggle Switch Represented by SMITH & ALSPAUGH PC

Name Phone Fax E-Mail
Space Marcus Clay Alspaugh +1 205 324 8910
No Logo RICHARD GEORGE HARBIN, Petitioner

Toggle Switch Represented by SMITH & ALSPAUGH PC

Name Phone Fax E-Mail
Space Marcus Clay Alspaugh +1 205 324 8910
No Logo RYKA NICOLE HARBIN, Petitioner

Toggle Switch Represented by SMITH & ALSPAUGH PC

Name Phone Fax E-Mail
Space Marcus Clay Alspaugh +1 205 324 8910
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 6/8/2007
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
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Blank 29 Filed: 9/11/2008, Entered: 9/14/2008 Status Conference Order
STATUS CONFERENCE ORDER: A telephonic status conference was held on 9/11/08. Respondent's counsel will ascertain whether or not his client would like to engage in litigative risk settlement negotiations. The next Telephonic Status Conference is set for 9/25/2008 11:00 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
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    Blank -- Filed: 9/11/2008, Entered: 9/11/2008
    Minute Entry for proceeding held in Washington, DC on 9/11/2008 held before Special Master Laura D. Millman: Status Conference held on 9/11/2008. [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.)(ml)
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      Blank 28 Filed: 7/30/2008, Entered: 8/6/2008 Description not available
      SCHEDULING ORDER: Status Conference set for 9/11/2008 11:00 AM in Chambers (Telephonic) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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        Blank -- Filed: 7/30/2008, Entered: 7/30/2008
        Minute Entry for proceeding held in Washington, DC on 7/30/2008 held before Special Master Laura D. Millman: Status Conference held on 7/30/2008. [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.)(ml)
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          Blank 27 Filed: 6/26/2008, Entered: 7/8/2008 notice of filing
          NOTICE OF FILING STATEMENT REGARDING AVAILABILITY OF AUTOPSY MATERIAL by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 6/4/08.(Neal, Alonzo)
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            Blank 26 Filed: 6/20/2008, Entered: 6/26/2008 ~Notice (other)
            SUPPLEMENTAL STATEMENT REGARDING AVAILABILITY OF AUTOPSY MATERIAL, filed by RYKA NICOLE HARBIN(deceased), KAREN A HARBIN, RYKA NICOLE HARBIN(deceased, and), RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 6/06/08.(tjk, )
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              Blank 25 Filed: 6/19/2008, Entered: 6/26/2008 Description not available
              SCHEDULING ORDER: Status Conference set for 7/30/2008 11:00 AM in Chambers (Telephonic) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                Blank -- Filed: 6/19/2008, Entered: 6/19/2008
                Minute Entry for proceeding held in Washington, DC on 6/19/2008 held before Special Master Laura D. Millman: Status Conference held on 6/19/2008. [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.)(ml)
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                  Blank 24 Filed: 4/25/2008, Entered: 5/1/2008 notice of filing
                  NOTICE OF FILING PETITIONERS' FOURTH SUPPLEMENT TO THEIR PETITION FOR COMPENSATION by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 4/16/08.(Neal, Alonzo)
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                    Blank 23 Filed: 4/21/2008, Entered: 4/25/2008 Description not available
                    SCHEDULING ORDER: Status Conference set for 5/23/2008 11:30 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                      Blank -- Filed: 4/18/2008, Entered: 4/18/2008
                      Minute Entry for proceeding held in Washington, DC on 4/18/2008 held before Special Master Laura D. Millman : Status Conference held on 4/18/2008. [Total number of days of proceeding: 1]. Proceeding was not officially recorded. A telephonic status conference was held on April 18, 2008.Respondents counsel will talk to Dr. Whitton and ask him to respond orally to Dr. Marks's response to his report. Respondents counsel will take Dr. Whittons comments and Dr. Marks's two reports to DVIC for guidance on how respondent would like to proceed in this case.The next telephonic status conference is for Friday, May 23, 2008, at 11:30 a.m. (EDT). (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.)(ml)
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                        Blank 22 Filed: 3/3/2008, Entered: 3/8/2008 Description not available
                        SCHEDULING ORDER: A Telephonic Status Conference was held on 2/29/08. By 4/11/08, petitioners shall (1) send respondent the tissue block, (2) refile the coroner's handwritten notes regarding the investigation and (3) file the police investigative report. The next Telephonic Status Conference is set for 4/18/2008 11:30 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
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                          Blank -- Filed: 2/29/2008, Entered: 2/29/2008
                          Minute Entry for proceedings held before Special Master Laura D. Millman: A telephonic status conference was held on February 29, 2008. By Friday, April 11, 2008, petitioners shall (1) send respondent the tissue block, (2) refile the coroner's handwritten notes regarding his investigation and (3) file the police investigative report.
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                            Blank 21 Filed: 2/22/2008, Entered: 2/25/2008 notice of filing
                            PETITIONERS NOTICE OF FILING: DONALD HARVEY MARKS, M.D. (with Literature cited included) to the Report of J. Lindsay Whitton, M.D., Ph.D. by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 2/21/08.(Neal, Alonzo)
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                              Blank 20 Filed: 2/13/2008, Entered: 2/17/2008 Description not available
                              SCHEDULING ORDER: Petitioner's oral motion for an extension of time to file a Supplemental Expert Report responding to respondent's Expert Report from Dr. Whitton is GRANTED. Petitioner shall file the Supplemental Report by 2/22/2008. Signed by Special Master Laura D. Millman. (tjk, )
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                                Blank 19 Filed: 2/5/2008, Entered: 2/6/2008 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 Laura D. Millman. (Neal, Alonzo)
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                                  Blank 18 Filed: 1/22/2008, Entered: 1/24/2008 Order on Motion to Issue Subpoena
                                  ORDER granting [16] Motion to Issue Subpoena Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                                    Blank 17 Filed: 1/15/2008, Entered: 1/18/2008 notice of filing
                                    NOTICE OF FILING PETITIONERS' THIRD SUPPLEMENT TO THEIR PETITION FOR COMPENSATION by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 1/3/08.(Neal, Alonzo)
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                                      Blank 16 Filed: 1/15/2008, Entered: 1/18/2008, Terminated: 1/22/2008 Terminated:
                                      MOTION to Issue Subpoena, filed by RYKA NICOLE HARBIN(deceased), KAREN A HARBIN, RYKA NICOLE HARBIN(deceased, and), RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 1/3/08.Response due by 2/1/2008. (Neal, Alonzo)
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                                        Blank 15 Filed: 1/15/2008, Entered: 1/18/2008 Motion for Miscellaneous Relief
                                        PETITIONERS' MOTION FOR PERMISSION TO FILE RESPONSE TO EXPERT'S REPORT., filed by RYKA NICOLE HARBIN(deceased), KAREN A HARBIN, RYKA NICOLE HARBIN(deceased, and), RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 1/3/08.Response due by 2/1/2008. (Neal, Alonzo)
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                                          Blank 14 Filed: 12/13/2007, Entered: 12/14/2007 Description not available
                                          SCHEDULING ORDER: Expert Report due by 2/15/2008. Status Conference set for 2/29/2008 10:30 AM in Chambers (Telephonic) before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                                            Blank 13 Filed: 12/10/2007, Entered: 12/11/2007 Expert Report
                                            EXPERT REPORT of J. Lindsay Whitton, M.D. (Ex. no. A) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 12/10/07.(tjk, )
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                                              Blank 12 Filed: 11/29/2007, Entered: 12/3/2007 notice of filing
                                              NOTICE OF FILING PETITIONERS' SECOND SUPPLEMENT TO THEIR PETITION FOR COMPENSATION by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 11/5/07.(Neal, Alonzo)
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                                                Blank 11 Filed: 9/25/2007, Entered: 9/28/2007 Order on Motion to Issue Subpoena
                                                ORDER granting [9] Motion to Issue Subpoena Signed by Special Master Laura D. Millman. (tjk, )
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                                                  Blank 10 Filed: 9/25/2007, Entered: 9/28/2007 Description not available
                                                  SCHEDULING ORDER: On 9/21/07 petitioners filed a Motion to allow for the issuance of a subpoena to Dr. Middleton, which the undersigned granted on 9/25/07. Petitioner shall file the Medical Records by 11/09/07. Respondent shall file an Expert Report and accompanying CV by 12/10/07. The Telephonic Status Conference set for 10/24/07 is hereby cancelled and will be rescheduled at a later date. Signed by Special Master Laura D. Millman. (tjk, )
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                                                    Blank 9 Filed: 9/21/2007, Entered: 9/25/2007, Terminated: 9/25/2007 Terminated:
                                                    MOTION to Issue Subpoena, filed by RYKA NICOLE HARBIN(deceased), KAREN A HARBIN, RYKA NICOLE HARBIN(deceased, and), RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 9/14/07.Response due by 10/9/2007. (Neal, Alonzo)
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                                                      Blank 8 Filed: 9/13/2007, Entered: 9/14/2007 notice of filing
                                                      NOTICE OF FILING Petitioners' Supplement To Their Petition For Compensation by RYKA NICOLE HARBIN, KAREN A HARBIN, RYKA NICOLE HARBIN, RICHARD GEORGE HARBIN, KAREN ANN HARBIN. Service: 8/28/07.(Neal, Alonzo)
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                                                        Blank 7 Filed: 9/10/2007, Entered: 9/11/2007 Respondent's Report
                                                        Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/10/07. (tjk, )
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                                                          Blank 6 Filed: 8/22/2007, Entered: 8/24/2007 Description not available
                                                          SCHEDULING ORDER: Petitioners shall file Medical Records due by 9/21/07. Respondent shall file a Rule 4(c) Report due by 9/10/07 and shall file an expert report due by 10/19/07. Telephonic Status Conference set for 10/24/2007 11:00 AM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (tjk, )
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                                                            Blank -- Filed: 8/21/2007, Entered: 8/21/2007
                                                            Minute Entry for proceedings held before Special Master Laura D. Millman: An initial status conference was held on 8/21/07. By 9/21/07, petitioners shall file: (1) pages 465 and 466 of the medical records; (2) medical records from the first two years of Rykas life; (3) medical records from Mountain Valley Family after 10/23/98; (4) medical records from Rykas 4th year of life; and (5) the vitreous electrolyte test from the autopsy. Respondent shall file a Rule 4(c) Report by 9/10/07 and shall file an expert report by 10/19/07.
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                                                              Blank 5 Filed: 8/20/2007, Entered: 8/20/2007
                                                              SCHEDULING ORDER: Status Conference set for 8/21/2007 02:00 PM before Special Master Laura D. Millman. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                                                                Blank 4 Filed: 7/31/2007, Entered: 8/2/2007 Order
                                                                ORDER: Petitioner's counsel is ORDERED to contact the undersigned's law clerk by 8/6/07 to schedule an initial status conference in this case. Signed by Special Master Laura D. Millman. (Neal, Alonzo)
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                                                                  Blank 3 Filed: 7/3/2007, Entered: 7/6/2007 Notice of Appearance/
                                                                  NOTICE of Appearance by Michael Patrick Milmoe for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/03/07.(tjk, )
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                                                                    Blank 2 Filed: 6/8/2007, Entered: 6/12/2007 Notice Of Assignment
                                                                    NOTICE of Assignment to Special Master Laura Millman. (Neal, Alonzo)
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                                                                      Blank 1 Filed: 6/8/2007, Entered: 6/12/2007 Petition
                                                                      PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 066631) [Vaccination date: 12/8/00], filed by RYKA NICOLE HARBIN(deceased), KAREN A HARBIN, RYKA NICOLE HARBIN(deceased, and), RICHARD GEORGE HARBIN, KAREN ANN HARBIN.Respondents Report due by 9/10/2007.(Neal, Alonzo)
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