USCFC Vaccine-Reported

U.S. Court of Federal Claims Opinions
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01-162V • COLTEN SNYDER, by and through KATHRYN SNYDER and JOSEPH SNYDER, his natural guardians and next friends v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/11/2009
Vaccine Act, 42 U.S.C. § § 300aa-1 to -34; MMR and Thimerosal-Containing Vaccines; Omnibus Autism Proceeding; Role of Special Masters; Use of Three Special Masters to Hear General Causation Evidence; Admitting and Weighing Evidence; Daubert; Causation-in-Fact; Althen; Unfounded Allegations of Bias. Signed by Judge Sweeney.

03-0461V • MEGAN MUNOZ, a minor, by NANCY J MUNOZ and LAWRENCE, E. MUNOZ her parents and natural guardians, v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/06/2009
Autism; Policy Arguments;Statute of Limitations; Untimely Filing; Equitable Tolling. Signed by Special Master Vowell.

98-916V • THERESA and MICHAEL CEDILLO, as Parents and Natural Guardians of MICHELLE CEDILLO v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/06/2009
Vaccine Act; Omnibus Autism Proceeding; Effect of Thimerosal and Measles, Mumps, and Rubella Vaccine in Causing Autism; Burden of Proof; Standard of Review; Analysis of Causation-in-Fact Evidence; Assessment of Expert Testimony.. Signed by Judge Wheeler.

redactedV • JOHN and JANE DOE/05, on behalf of their daughter, BABY DOE, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, [redacted]V

Filed 07/31/2009
DPT not shown to cause seizure 13 days later. Signed by Special Master Millman.

02-469V • CHRISTOPHER LOVING and CARLA LOVING, parents of Camille Loving, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 07/30/2009
entitlement, DTaP, significant aggravation of infantile spasms,decision after remand, six-part test, natural course of infantile spasms, apportionment, six month rule. Signed by Special Master Moran.

02-0411V • JOHN DOE 21, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/30/2009
Causation-In-Fact; National Vaccine Injury Act,42 U.S.C. § 300 aa-1 et seq.; Remand; Treating Physician. Signed by Judge Braden.

02-1052V • ESTHER HALL, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/28/2009
Interim attorneys'fees and costs, amount which is not disputed. Signed by Special Master Moran.

99-0855V • BRIAN FRANKLIN and ANDREA FRANKLIN, as legal representatives of SCOTT P. FRANKLIN, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/28/2009
Interim Fees and Costs; Avera; Davis exception to forum rule;Statutory Interpretation, Construction, Purpose, Intent; § 15(e)(1). Signed by Special Master Abell.

94-136V • TIMOTHY McCOLLUM and LEANN McCOLLUM, Parents of GRANT McCOLLUM, a Minor, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 07/27/2009
Motions to Modify Judgment and Reopen Case denied. Signed by Special Master Millman.

06-559V • GABRIEL GENE RODRIGUEZ AS ADMINISTRATOR OF THE ESTATE OF GIAVANNA MARIA RODRIGUEZ FOR THE BENEFIT OF GABRIEL GENE RODRIGUEZ AND JENNIFER ANN RODRIGUEZ v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 07/27/2009
Attorney Fees; Laffey Matrix;Forum Rate;Geographic Rate;Due Process;Petitioner's Burden;Reasonable Hourly Rate. Signed by Special Master Vowell.

03-584V • FRED KING and MYLINDA KING, parents of Jordan King, a minor, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/27/2009
Vaccine Act Interim Fees and Costs; Fees for Omnibus Proceedings. Signed by Special Master Hastings.

03-654V • ROLF and ANGELA HAZLEHURST, parents of WILLIAM YATES HAZLEHURST, v. SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES,

Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any,between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing,failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism. Signed by Judge Wiese.

03-654V • ROLF and ANGELA HAZLEHURST, parents of WILLIAM YATES HAZLEHURST v. SECRETARY, DEPARTMENT OF HEALTH & HUMAN SERVICES

Filed 07/24/2009
Vaccine Act—Omnibus Autism Proceeding: In a proceeding to determine the relationship, if any, between the measles, mumps, and rubella vaccine and the development of regressive autism, the special master did not err in relying on evidence generated in another litigation and offered on the eve of hearing, failing to consider evidence that would not have altered her conclusion, or declining to rule whether regressive autism is a distinct phenotype from classic autism.. Signed by Judge Wiese.

REDACTED • Jane Doe\34 vs. SECRETARY OF HEALTH and HUMAN SERVICES

Filed 07/15/2009
Review of Special Master Decision; 42 U.S.C. § 300aa-12(e)(2)(B); 42 U.S.C. §300aa-15(a)(4); 42 U.S.C. § 300aa-15(f)(4)(A); 42 U.S.C. § 300aa-13(b)(1); Vaccine Rule 36(b); Vaccine Rule 8(c); Special Master Did Not Err In Evidentiary, Credibility, Fact-Finding, or Discretionary Determinations.. Signed by Judge Firestone.

99-432V • JACINDA S. FISHER, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 07/13/2009
Entitlement; hep B vaccine;two months after second vaccination, optic neuritis and MS; one week after third vaccination, optic neuritis and leg weakness. Signed by Special Master Millman.

07-350T & 07-351T • J. CARDENAS & SONS FARMING, INC., v. THE UNITED STATES,

Filed 07/13/2009
Tax; motion to dismiss pursuant to RCFC 12(b)(1), (6); refund of employment taxes imposed on responsible persons under 26 U.S.C. § 6672 (2006); requirement to file claims with Internal Revenue Service as prerequisite to suit in court, 26 U.S.C. § 422(a)(2006); limitations period for filing suit for refund, 26 U.S.C. § 6511(a)(2006). Signed by Judge C. Miller.

02-747V • CARTER MICHAEL RUSSELL, a Minor by and through his Next Friend, CARA BESTE RUSSELL, v. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Filed 07/10/2009
Autism, statute of limitations,speech delay, reliability of expert's opinion. Signed by Special Master Moran.

03-584V • FRED KING and MYLINDA KING, parents of Jordan King, a minor, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/10/2009
Vaccine Act Interim Costs; Fees for Omnibus Proceedings. Signed by Special Master Hastings.

07-465V • FRANCES CAMPBELL, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Filed 07/07/2009
entitlement, flu vaccine, rheumatoid arthritis. Signed by Special Master Moran.

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