USCFC Vaccine-Reported

U.S. Court of Federal Claims Opinions
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General Jurisdiction
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Vaccine
(Reported)
Vaccine
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99-552V • ELIZABETH SHAPIRO V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 09/13/2012
Vaccine case; Petition for review; Hepatitis-B vaccination; Standard of review; Hypothyroidism; Althen; Failure to establish causation; Failure to establish proximate temporal relationship between vaccine and autoimmune thyroid disease; Motion for reconsideration under RCFC 59; Failure to show that prior findings were wrong, let alone manifestly unjust; Motions for review and for reconsideration denied.. Signed by Judge Allegra.

07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 09/06/2012
attorneys’ fees and costs, reasonable number of hours for appellate litigation, fees for fees. Signed by Special Master Moran.

09-176V • ANDREA CORTEZ, spouse and representative of the estate of RENALDO CORTEZ, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 08/31/2012
Fact Ruling; Sufficiency of Evidence; Receipt of Vaccination.. Signed by Special Master Zane.

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

Filed 08/23/2012
Entitlement;Table injury; encephalopathy; infantile spasms; diphtheria-tetanus-acellular-pertussis (DTaP) vaccine; haemophilus influenza type B (Hib) vaccine; inactivated poliovirus (IPV) vaccine; Prevnar (pneumococcal 7-valent conjugate) vaccine; rotavirus vaccine. Signed by Special Master Lord.

03-775V • ANGEL GUILLOT and DALE GUILLOT, parents of JACOB GUILLOT, a minor child V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 08/15/2012
Autism; Motion for Relief from Judgment; Vaccine Rule 36; Rule 60(b)(1) and (b)(6). Signed by Special Master Campbell-Smith.

03-2830V • MARK and MELANIE WAX, as the Parents and Natural Guardians of ANDREW WAX, a minor V. SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Filed 08/07/2012
Autism; Dismissal of Claim as Untimely; Doctrine of Equitable Tolling Not Applicable on these Facts. Signed by Special Master Campbell-Smith.

08-601V • LAKEYSHA ISAAC V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/30/2012
Entitlement; Guillain-Barré Syndrome; molecular mimicry; tetanus-diphtheria vaccine. Signed by Special Master Lord.

99-578V • JOSEPH MICHAEL D’ANGIOLINI V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/18/2012
Award of attorneys' fees and costs on an interim basis, amount not disputed. Signed by Special Master Moran.

07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 07/11/2012
attorneys' fees and costs, reasonable number of hours for appellate litigation, decision after remand. Signed by Special Master Moran.

07-451V • MARILYN DAVIS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/29/2012
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

Filed 06/26/2012
Attorneys’ Fees & Costs Decision;Guardianship Costs. Signed by Special Master Millman.

10-101V • ERIN SILVA V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/22/2012
Attorneys’ fees and costs; reasonable basis.. Signed by Special Master Moran.

11-484 V • BETTY STUCKEY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 06/21/2012
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

Filed 06/12/2012
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

Filed 06/04/2012
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

Filed 06/04/2012
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

Filed 05/25/2012
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

Filed 05/25/2012
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

Filed 05/17/2012
Motion to dismiss; motion for summary judgment; statute of limitations; equitable tolling; date of onset; manifestation of symptoms. Signed by Special Master Lord.

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