USCFC Vaccine-Reported

U.S. Court of Federal Claims Opinions
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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.

09-474V • BRANDON KENNEDY V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 05/08/2012
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

Filed 05/07/2012
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

Filed 04/30/2012
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

Filed 04/24/2012
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

Filed 04/20/2012
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

Filed 04/18/2012
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

Filed 04/18/2012
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

Filed 04/17/2012
Damages, quantifying emotional distress endured before death. Signed by Special Master Moran.

05-626V • JESSIE CONTRERAS V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 04/05/2012
hepatitis B vaccine, transverse myelitis, one day onset. Signed by Special Master Moran.

11-401V • VALERIE SCHMIDT V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/30/2012
Attorneys' fees, reasonable basis, vaccine not covered. Signed by Special Master Moran.

07-307V • TIMOTHY J. and JOANNA L. SARVER, as parents and legal representatives of the estate of their daughter, ERICA LYNN SARVER, deceased V. SECRETARY OF HEALTH AND HUMAN SERVICES

Filed 03/30/2012
Damages, Zatuchni, wrongful death claim distinguished from survival of a claim for injuries death, extent of injury claim, whether parents of deceased child may recover for her lost earning capacity. Signed by Special Master Moran.

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