USCFC Vaccine-Reported
U.S. Court of Federal Claims Opinions
Updated: 10 months 2 weeks ago
07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES
Review of special master’s decision regarding an award of attorneys’ fees and costs in a vaccine case; reasonable basis for appeal of decision on entitlement; 42 U.S.C. § 300aa-15(e); reductions in allowable attorneys’ hours; viability of alternative holding regarding attorneys’ fees on appeal; costs for the appeal. Signed by Judge Lettow.
09-801V • NICOLE ELIZABETH DOW and PHILIP RYAN TUFTS, as Parents and Natural Guardians of ALEXIA GRACE TUFTS V. SECRETARY OF HEALTH AND HUMAN SERVICES
Attorneys’ Fees & Costs Decision;Guardianship Costs. Signed by Special Master Millman.
10-101V • ERIN SILVA V. SECRETARY OF HEALTH AND HUMAN SERVICES
Attorneys’ fees and costs; reasonable basis.. Signed by Special Master Moran.
11-484 V • BETTY STUCKEY V. SECRETARY OF HEALTH AND HUMAN SERVICES
Attorneys’ Fees & Costs Decision. Signed by Special Master Millman.
03-2517V • MICHELLE R. VANDERWEY, parent of HANS VANDERWEY, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES
Autism; Attorneys’ Fees and Costs. Signed by Special Master Vowell.
10-377V • LISA WOODS and JASON FORD, as parents and natural guardians of CASON EUGENE FORD, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES
Petition for Review; National Vaccine Injury Act; 42 U.S.C. § 300aa-12(e); 42 U.S.C. § 300aa-15(e); 42 U.S.C. § 300aa-21(a); 42 U.S.C. § 300aa-12(d); Interim Fee Award; Reasonable Basis for Vaccine Act Claim for Compensation.. Signed by Judge Williams.
05-306V • MADISON DERIBEAUX, a minor, by her parents and natural guardians, GUS DERIBEAUX and KIMBERLY BURSHIEM V. SECRETARY OF HEALTH AND HUMAN SERVICES
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP vaccine; SCN1A genetic mutation; Dravet’s Syndrome; alternative causation; sole substantial factor unrelated to the vaccine; Restatement (Second) of Torts; Althen v. Secretary of Health & Human Services, 418 F.3d 1274 (Fed. Cir. 2005); Shyface v. Secretary of Health & Human Services, 165 F.3d 1344 (Fed. Cir. 1999).. Signed by Judge G. Miller.
03-0814 • LUVENIA L. ROBERTSON, Parent of, MARK J. BLAKES-ROBERTSON, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES
Autism; Failure to Prosecute; Failure to Follow Court Orders; Dismissal. Signed by Special Master Hastings.
12-124V • KIMBERLY SEWELL V. SECRETARY OF HEALTH AND HUMAN SERVICES
Motion to dismiss; motion for summary judgment; six-month durational requirement; mootness; capable of repetition yet evading review; justiciability; jurisdiction;
cure defective petition. Signed by Special Master Lord.
10-767V • ARTHUR W. ASKEW V. SECRETARY OF HEALTH AND HUMAN SERVICES
Motion to dismiss; motion for summary judgment; statute of limitations; equitable tolling; date of onset; manifestation of symptoms. Signed by Special Master Lord.
09-474V • BRANDON KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES
Entitlement; Acute Disseminating Encephalomyelitis; Tdap vaccine; Meningococcal vaccine. Signed by Special Master Lord.
10-814V • MIRCALE MORMAN V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Motion to Compel; Seeking Compliance with Subpoena for Medical Records; Records Not Necessary for Claim Evaluation. Signed by Special Master Campbell-Smith.
09-31V • CYNTHIA LILLEY, Parent of ROBERT LILLEY, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES
Attorneys’ Fees & Costs Decision; Reasonable Hours Expended; Travel Time; Reasonable Guardianship Costs; Block Billing. Signed by Special Master Millman.
11-749V • N. H. by and through JESSICA NICOLE PUBLISHED CASTANEDA, as Parent and Natural Guardian V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Motion to Dismiss; Human Papillomavirus Vaccine; Alleged In Utero Injury. Signed by Special Master Campbell-Smith.
09-171V • ZENORIA PHILLIPS-DELOATCH, As Personal Representative of the Estate of MOSHELLA F. ROBERTS V. SECRETARY OF HEALTH AND HUMAN SERVICES
Vaccine case; Petition for mandamus to review order by special master denying discovery; Availability of mandamus to review discovery orders; Petition denied.. Signed by Judge Allegra.
10-642V • CHRISTINE HIPPO V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Attorneys' Fees and Costs; Varicella Vaccination; Seizure Disorder; Reasonable Basis for Claim. Signed by Special Master Campbell-Smith.
07-889V • DOUG PALUCK and RHONDA PALUCK, as parents and natural guardians on behalf of their minor son, KARL PALUCK V. SECRETARY OF HEALTH AND HUMAN SERVICES
Vaccine case; off-Table claim stemming from neurological damage allegedly caused or aggravated by administration of MMR, varicella, and Prevnar vaccines to a child with a genetic mitochrondrial defect; differentiation of claims asserting an aggravation of a pre-existing condition from claims asserting the manifestation of a new injury; Althen causation framework; propriety of admitting trial testimony from an unrelated vaccine case. Signed by Judge Lettow.
02-1211V • WALTER RAY GRAVES and LISA GRAVES as representatives of the estate of HAYLEY NICOLE GRAVES, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES
Damages, quantifying emotional distress endured before death. Signed by Special Master Moran.
05-626V • JESSIE CONTRERAS V. SECRETARY OF HEALTH AND HUMAN SERVICES
hepatitis B vaccine, transverse myelitis, one day onset. Signed by Special Master Moran.
11-401V • VALERIE SCHMIDT V. SECRETARY OF HEALTH AND HUMAN SERVICES
Attorneys' fees, reasonable basis, vaccine not covered. Signed by Special Master Moran.
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