Case details

Court: cofc
Docket #: 1:94-vv-00482
Case Name: DOMINGUEZ, et al v. HHS
PACER case #: 10194
Date filed: 1994-07-27
Date terminated: 1998-09-28
Date of last filing: 2000-05-02

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1994-07-27 1 0 Petition PETITION by MIRIAM DOMINGUEZ. FILING FEE $120. RECEIPT # 37239. Vac. Date: 11/3/92. (Respondent's report due 10/25/94). (FE)
1994-07-27 2 0 Case Assigned/Reassigned to Special Master NOTICE OF assignment to Special Master John F. Edwards. Copy to parties. (FE)
1994-08-10 3 0 Notice of Filing Notice of filing Exhibit 10 (certificate of live birth) by LUIS ANGEL DOMINGUEZ. Service: 8/5/94 (DS)
1994-08-15 4 0 Notice of Appearance NOTICE of Attorney Appearance for HHS by Catharine Elizabeth Reeves. Service : 8/15/94. (HW)
1994-10-25 5 0 Respondent's Report RESPONDENT'S REPORT. Service: 10/25/94 (FE)
1994-11-09 6 0 Order ORDER directing parties to confer and contact Special Master with three proposed dates and time by November 28, 1994 for a status conference (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1994-12-09 7 0 Order ORDER entered re: guidance and a schedule for resolving the damages portion of this case. Directing Life Care Plan or a status report filed by 2/9/95 [if status report is filed, additional report shall be filed every 30 days thereafter until life care plan is filed] for MIRIAM DOMINGUEZ, for LUIS ANGEL DOMINGUEZ ; respondent shall file response within 45 days after service of petitioner's plan; any request for additional information may be filed no later than 30 days after the service date of respondent's plan; petitioner shall file a joint status report within 90 days after the service date of respondent's plan (signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (FE)
1995-01-31 8 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ Service: 1/26/95 (FE)
1995-02-21 9 0 Notice of Filing Notice of filing Exhibit 11 Health Care Cost Evaluation of Lis Dominguez, and Exhibit 12 Affidavit of Barbara Ashley by MIRIAM DOMINGUEZ. Service: 2/15/95 (FE)
1995-04-06 10 0 Order ORDER entered directing Life Care Plan due by 6/5/95 for HHS ; any request for additional information [independent medical examination, medical test, etc.] within 30 days after service of respondent's plan; petitioner shall file a joint status report within 90 days after service of respondent's plan (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1995-06-02 11 0 Order SEE ORDER IN 94-314V Staying proceedings for 180 days . (signed by Chief Special Master Gary J. Golkiewicz) Copy to parties. (FE)
1995-06-05 12 0 Status Report STATUS REPORT by HHS. Service: 6/5/95. (HW)
1995-06-08 13 0 Order ORDER granting [12-1] motion to Extend Time within which to file a response to petitioner's life care plan reset response to Life Care Plan due: 10/2/95 for HHS ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (HW)
1995-09-12 14 0 Order ORDER set Life Care Plan due: 12/1/95 for HHS and 10/16/95 for LUIS ANGEL DOMINGUEZ , set Evidentiary Hearing: 1/10/96 at 9:00 a.m. , set Prehearing Submissions due: 1/3/96 for HHS and LUIS ANGEL DOMINGUEZ and directing Petitioner to fax medical records to Respondent's life care planner by 9/15/95 and directing Respondent to conduct any on-site visit by 9/29/95 (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE) Modified on 09/18/1995
1995-10-11 15 0 Order ORDER reset Life Care Plan due: 12/22/95 for HHS and 11/6/95 for LUIS ANGEL DOMINGUEZ (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1995-10-11 16 0 Additional Documentation Additional Documentation [Exhibits 13-16] by LUIS ANGEL DOMINGUEZ. Service: 10/5/95 (FE)
1995-10-25 17 0 Order ORDER entered re petitioner's intent to continue or withdraw ; set Notice of Compliance deadline to 11/27/95 ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (HW)
1995-10-30 18 0 Notice of Filing Notice of filing Exhibits 17-21 by MIRIAM DOMINGUEZ. Service: 10/25/95 (FE)
1995-11-06 19 0 Life Care Plan AMENDED Life Care Plan as Exhibit 22 by LUIS ANGEL DOMINGUEZ and MIRIAM DOMINGUEZ. Service: 11/3/95 (FE)
1995-11-17 20 0 Notice (Other) NOTICE to have petition remain before the court by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ. Service: 11/14/95 (FE)
1996-01-11 21 0 Life Care Plan Response to Life Care Plan by HHS. Service: 1/11/96 (FE)
1996-01-16 22 0 Notice of Filing Notice of filing Exhibits 23 through 27, inclusive by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ Service: 1/5/96 (HW)
1996-01-17 23 0 Order ORDER set Evidentiary Hearing for 8:00 a.m. on 3/19/96 and set Prehearing Submissions due: 2/29/96 for HHS and LUIS ANGEL DOMINGUEZ (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1996-01-31 24 0 Notice of Filing Notice of filing Exhibit C, letter from Bertrand Bensam, M.D. by HHS. Service: 1/31/96 (FE)
1996-02-08 25 0 Order ORDER notifying parties of hearing's location (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1996-02-28 26 0 Prehearing Submissions Prehearing Submissions by LUIS ANGEL DOMINGUEZ and MIRIAM DOMINGUEZ. Service: 2/27/96 (FE)
1996-02-28 27 0 Additional Documentation Additional Documentation [Exhibits 28-31] by LUIS ANGEL DOMINGUEZ. Service: 2/27/96 (FE)
1996-02-29 28 0 Prehearing Submissions Prehearing Submissions by HHS. Service: 2/29/96 (FE)
1996-04-09 29 0 Order ORDER re: parties are directed to work together in an effort to obtain additional information indicated in this order. The petitioner shall file a Status Report by deadline of 5/9/96 . If the information is not file within 90 days from the date of this Order, the parties shall schedule a status conference ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (HW)
1996-04-18 30 0 Transcript TRANSCRIPT of proceedings re: 1 volume, at St. Paul, Minnesota, for date of March 19, 1996. Notice to parties. (FE)
1996-05-06 31 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ Service: 5/2/96 (FE)
1996-07-01 32 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ Service: 6/28/96 (FE)
1996-07-16 33 0 Status Report Order STATUS REPORT ORDER. Status report due on 8/12/96 and every 30 days thereafter (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1996-08-13 34 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ. Service: 8/9/96 (FE)
1996-10-11 35 0 Status Report STATUS REPORT and exhibits 32-36 by LUIS ANGEL DOMINGUEZ. Service: 10/8/96 (FE)
1996-10-11 36 0 Status Report Order STATUS REPORT ORDER. Status report [or outstanding documentation] due on 11/22/96 (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1996-10-25 37 0 Notice of Filing Notice of filing Exhibit 37 by MIRIAM DOMINGUEZ. Service: 10/21/96 (FE)
1997-01-21 38 0 Additional Documentation Additional Documentation [Exhibits 28-30] by LUIS ANGEL DOMINGUEZ and MIRIAM DOMINGUEZ. Service: 1/14/97 (FE)
1997-03-21 39 0 Order ORDER directing petitioner to contact special master with three possible dates and times for a status conference by April 4, 1997 (signed by Chief Special Master Gary J. Golkiewicz). Copy to parties. (FE)
1997-04-22 40 0 Order ORDER set Joint Status Report deadline to 6/23/97 ( signed by Chief Special Master Gary J. Golkiewicz ). Copy to parties. (FE)
1997-06-20 41 0 Status Report STATUS REPORT by HHS. Service: 6/20/97 (AB)
1997-09-09 42 0 Status Report Order STATUS REPORT ORDER. Petitioner's joint Status report due on 10/24/97, and every 30 days thereafter. ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (DS)
1998-01-13 43 0 Order ORDER set Joint Status Report deadline to 2/13/98 and every thirty days thereafter. ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (JT)
1998-02-05 44 0 Notice of Filing Notice of filing (Exhibits G through K), by HHS. Service: 2/5/98. (FE)
1998-02-09 45 0 Notice of Change of Address NOTICE of change of address by Barbara Ziegler Ashley. (HW)
1998-02-20 46 0 Order ORDER set Joint Status Report deadline to 4/20/98 and every thirty days thereafter. ( signed by Chief Special Master Gary J. Golkiewicz ) Copy to parties. (JT)
1998-03-13 47 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ Service: 3/9/98 (CDC)
1998-04-23 48 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ and MIRIAM DOMINGUEZ. Service: 4/20/98. (HW)
1998-06-01 49 0 Status Report STATUS REPORT by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ. Service: 5/26/98 (JT)
1998-07-23 50 0 Notice of Filing Notice of filing (chart which reflect the items of compensation as set out in the Joint Life Care Plan) by HHS Service: 7/23/98 (HW)
1998-09-04 51 0 DECISION of Special Master Decision of Chief Special Master Gary J. Golkiewicz. Copy to parties. (HW)
1998-09-23 52 0 Notice Not to Seek Review JOINT NOTICE NOT TO SEEK REVIEW (LD)
1998-09-28 53 0 Judgment JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioner is awarded compensation in the form of an annuity, as provided for in the special master's decision of September 4, 1998, together with the following lump sum payments: (1) $651,580.04, representing compensation for past and future pain and suffering, future lost wages, and the initial purchase of a modified van and home modifications. This amount shall be payable to petitioner in the form of a check. (2) $509,578.20, representing compensation for the first, second, third and fourth years of life-care related expenses. This lump sum shall be payable to PeoplesBank, the trustee designated by the parties, to establish an irrevocable reversionary trust for the benefit of Luis Angel Dominhuez by and among the United States, as grantor, PeoplesBank, as trustee, and Miriam Dominguez, as guardian ("Trust"). The lump sum provided pursuant to this paragraph shall be paid into the Trust and shall be payable to PeoplesBank, as Trustee, for the benefit of Luis Angel Dominguez. (3) $895,509.56, representing full satisfaction of the State of Minnesota's Department of Human Services' claims arising from any amounts that the Department has extended or will expend for the vaccine-related injuries of Luis Angel Dominguez from the date he became eligible for benefits through the date of Judgment. This lump sum shall be paid in the form of a check made payable jointly to petitioner and the Minnesota Department of Human Services. (Signed by Clerk.) Copy to parties. (LD)
1998-10-09 54 0 Petitioner's Election PETITIONER'S ELECTION to accept Judgment. Service: 10/5/98 Election(y/n): y (LD)
1998-10-14 55 0 Judgment Forwarded (Election) Certified copy of election and judgment forwarded to HHS. See letter in file (FE)
1998-12-18 57 0 Satisfaction of Judgment SATISFACTION OF JUDGMENT in the amount of $651,580.04, was mailed on November 16, 1998 to Barbara Ziegler Ashley, Esquire, attorney for the petitioners. See letter in file. (FE)
1998-12-18 58 0 Satisfaction of Judgment SATISFACTION OF JUDGMENT in the amount of $509,578.20, was mailed on November 16, 1998 to PeoplesBank, A Cordorus Valley Company. See letter in file. (FE)
1998-12-18 59 0 Satisfaction of Judgment SATISFACTION OF JUDGMENT in the amount of $895,509.56, was mailed on November 16, 1998 to Barbara Ziegler Ashley, Esquire, attorney for the petitioners. See letter in file. (FE)
1998-12-18 60 0 Satisfaction of Judgment SATISFACTION OF JUDGMENT in the amount of $3,451,633.00, was electronically wire transferred to Continental Assurance Company, bank account #G52193, on November 13, 1998. See letter in file. (FE)
1999-09-07 61 0 Notice of Appearance NOTICE of Attorney Appearance for HHS by Gerard William Fischer. Service : 9/7/99 (JT)
2000-02-11 62 0 Stipulation Stipulation of Fact for Attorneys' Fees and Costs by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ, HHS. (JT)
2000-02-18 63 0 Notice of Filing Notice of filing Statement of Petitioner by LUIS ANGEL DOMINGUEZ, MIRIAM DOMINGUEZ. Service: 2/1/00 (JT)
2000-02-15 64 0 Published Decision of Special Master - Fees Decision of Chief Special Master Gary J. Golkiewicz re: fees and costs. Copy to parties. (DS)
2000-03-17 65 0 Judgment JUDGMENT entered, pursuant to Vaccine RUle 11(a), that petitioner is awarded, in addition to the judgment of September 28, 1998, attorneys' fees and costs in the amount of $71,281.00. Payment shall be made in the form of a check to petitioner and petitioner's attorney in the amount of $71,281.00. (signed by Clerk). Copy to parties. (LD)
2000-03-17 66 0 Judgment Forwarded (Election) Certified copy of judgment solely awarding counsel fees and expenses, forwarded to HHS. See letter in file. (FE)
2000-05-02 67 0 Satisfaction of Judgment SATISFACTION OF JUDGMENT in the amount of $71,281.00, was mailed on April 18, 2000 to Barbara Ashley, Esquire, attorney for the petitioners. See letter in file. (FE)