USCFC Vaccine-Reported

U.S. Court of Federal Claims Opinions
Updated: 2 hours 47 min ago
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09-426V • DAVID A. BROWN V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/06/2013
Final application for attorneys' fees and costs; reasonable hours; supplemental decision. Signed by Special Master Millman.

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

Filed 05/03/2013
Vaccine case; petitioners’ challenge to a special master’s failure to act on a remanded vaccine case within the statutorily specified time; 42 U.S.C. § 300aa-12(e)(2)(C); absence of mandatory remedy; analogy to a request for relief by way of a writ of mandamus. Signed by Judge Lettow.

04-1593V • I.D. V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/26/2013
Damages; decision based on proffer; hepatitis B vaccine; chronic fatigue syndrome. Signed by Special Master Moran.

03-2493V • KYLIE TWO BULLS, by her mother and next friend, MELISSA TWO BULLS v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/09/2013
Autism; Attorneys’ Fees and Costs. Signed by Special Master Vowell.

09-426V • DAVID A. BROWN V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/08/2013
Final Application for Attorneys' Fees and Costs; Reasonable Hours. Signed by Special Master Millman.

06-435V • CYNTHIA LA LONDE, parent of M.L., a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/25/2013
Vaccine Act; Motion for Review; DTaP Vaccine; Anaphylactic Reaction; Focal Brain Injury; Neurological Injuries; Althen; Causation-in-Fact; Consideration of Petitioner’s Affidavit; Expert Credibility; Consideration of Evidence Deemed Irrelevant. Signed by Judge Sweeney.

11-424V • WILLIAM J. VOGLER V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/24/2013
Preapproval of Hourly Rate; Reasonable Hourly Rate; Expert Rate. Signed by Special Master Zane.

06-868V • CLAIRE BARNETTE, a minor, by her mother, KAREN BARNETTE, and her father, TIMOTHY BARNETTE V. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 03/21/2013
The special master’s conclusion that a vaccination was not a substantial factor in bringing about harm was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law where the special master employed the correct legal standard, carefully considered the relevant evidence, and ultimately relied on the testimony of experts judged by the special master to be qualified and credible.. Signed by Judge Wiese.

06-559V • GABRIEL G. RODRIGUEZ, as administrator of the estate of, Giavanna Maria Rodriguez, for the benefit of Gabriel Gene Rodriguez and Jennifer Ann Rodriguez V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/01/2013
Attorneys' Fees and Costs; "Fees for Fees"; Law of the Case Doctrine; Federal Circuit Rule 47.7; Motions for Review of Fees and Costs Decisions. Signed by Special Master Vowell.

07-36V • KEITH and BEVERLY LANGLAND, on behalf of their daughter, [M.L.] V. SECRETARY OF HELATH AND HUMAN SERVICES

Filed 02/26/2013
Vaccine Act off-table case; Althen; DTaP; celiac disease; absence of plausible medical theory of causation; statements of treating physicians; document referenced in expert report as party admission; no appropriate temporal association without reputable explanation of mechanism.. Signed by Judge Wolski.

02-1211V • WALTER RAY GRAVES and LISA GRAVES as Representatives of the Estate of HAYLEY NICOLE GRAVES, deceased V. SECRETARY OF THE DEPT. OF HEALTH AND HUMAN SERVICES

Filed 02/25/2013
Vaccine Act; application of statutory cap on pain, suffering and emotional distress in death case; 42 U.S.C. § 300aa-15(a)(4); Youngblood v. Sec’y of HHS, 32 F.3d 552 (Fed. Cir. 1994).. Signed by Judge Merow.

09-318V • KELLY ARANGO, Parent of, ISABELA OROZCO, a Minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/22/2013
National Vaccine Injury Compensation Program; National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34; DTaP Vaccine; Acute Encephalopathy; Seizures; 42 C.F.R. § 100.3(b)(2)(i)(E).. Signed by Judge G. Miller.

09-435V • MILDRED LAWRENCE V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/20/2013
Vaccine Act Attorneys' Fees. Reasonable Basis for Claim.. Signed by Special Master Hastings.

05-1133V • WILLIAM TAYLOR, parent of JOSEPH TAYLOR, a minor V. SECRETARY OF HEALTH & HUMAN SERVICES

Filed 02/15/2013
Vaccine Act; Motion for Review of Special Master’s Decision; DTaP Vaccination; Infantile Spasms; Lack of Evidence of Causation; Althen Test.. Signed by Judge Wheeler.

11-362V • JENNA BEAR, parent of McKenzie Bear, a minor V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 02/04/2013
Vaccine Act Interim Fees and Costs. Signed by Special Master Hastings.

11-796V • TAMERA JEAN JOHNSTON V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/31/2013
Measles Mumps and Rubella Vaccine; Dismissal of Claim as Untimely; Equitable Tolling; Significant Aggravation. Signed by Special Master Hastings.

10-362V • JOHN AUSTIN and JUDY QUANT, parents of Crystal Austin, a minor V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 01/31/2013
Reasonable Basis to File and Maintain Claim; Reasonable Fees and Costs. Signed by Special Master Vowell.

99-697V • DONALD R. MASIAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/31/2013
Attorneys' fees for appellate litigation; determination on remand. Signed by Special Master Moran.

99-697V • DONALD R. MASIAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/30/2013
Attorneys' fees and costs, correction of clerical errors in fees judgment, RCFC 60(a). Signed by Special Master Moran.

12-16V • JULIE ANDERSON V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 01/29/2013
Hepatitis B; multiple sclerosis; significant aggravation; dismissal; untimely petition; statute of limitations; equitable tolling. Signed by Special Master Zane.

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