Case details

Court: cofc
Docket #: 1:05-vv-00673
Case Name: ABSTON et al v. SECRETARY OF HEALTH AND HUMAN SERVICES
PACER case #: 20107
Date filed: 2005-06-20
Date terminated: 2007-10-19
Date of last filing: 2007-12-04

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-06-20 1 0 Petition PETITION against SECRETARY OF HEALTH AND HUMAN SERVICES ( Filing fee $250, Receipt number 063096) , filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD.Respondents Report Due by 9/19/2005.(tjk, )
2005-06-20 2 0 Notice of Assignment NOTICE of Assignment to Special Master John Edwards. (tjk, )
2005-07-01 3 0 Notice of Appearance NOTICE of Appearance by Mark Curtis Raby for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 7/01/05.(tjk, )
2005-07-19 4 0 Notice of Filing SECOND SUBMISSION OF REQUIRED DOCUMENTS [Exhibits F,G,H] by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 7/14/05.(tjk, )
2005-07-21 5 0 STATUS CONFERENCE ORDER: Telephonic Status Conference set for 7/26/2005 11:00 AM (EDT) before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
2005-07-26 6 0 Status Report Order STATUS REPORT ORDER: Joint Status Report due by 8/8/2005. Signed by Special Master John F. Edwards. (tjk, )
2005-08-08 7 0 Joint Status Report JOINT STATUS REPORT by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/08/05.(tjk, )
2005-08-10 8 0 Status Report Order STATUS REPORT ORDER The parties shall file a Joint Status Report due by 9/2/2005 Signed by Special Master John F. Edwards. (tjk, )
2005-09-02 9 0 Joint Status Report JOINT STATUS REPORT by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/02/05.(tjk, )
2005-09-07 10 0 Status Report Order STATUS REPORT ORDER: Status Report due by 9/30/2005. Signed by Special Master John F. Edwards. (mb2, )
2005-09-30 11 0 Joint Status Report JOINT STATUS REPORT by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/30/05.(tjk, )
2005-10-12 12 0 Order ORDER By no later than 10/28/05, respondent shall file the coroner's investigation report. Signed by Special Master John F. Edwards. (tjk, )
2005-10-21 13 0 Notice of Filing NOTICE OF FILING [Exhibit A] by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 10/21/05.(tjk, )
2005-10-31 14 0 STATUS CONFERENCE ORDER: Telephonic Status Conference set for 11/15/2005 02:00 PM (EST) before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
2005-11-08 15 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/08/05.(tjk, )
2005-11-16 16 0 SCHEDULING ORDER: By no later than 1/20/06, respondent shall file a Rule 4 report. The special master expects respondent to provide with the Rule 4 report a medical expert's opinion. Signed by Special Master John F. Edwards. (tjk, )
2006-01-27 17 0 Expert Report EXPERT REPORT of Michael Kohrman, M.D. (Ex. B) and Mr. Kohrman's Curriculum Vitae (Ex. C) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/27/06.(tjk, )
2006-01-27 18 0 Respondent's Report Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 1/27/06. (tjk, )
2006-02-01 19 0 STATUS CONFERENCE ORDER: The Rule 5 conference is scheduled for 2/27/2006 01:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
2006-02-08 20 0 STATUS CONFERENCE ORDER: Telephonic Status Conference set for 2/28/2006 01:00 PM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
2006-02-28 21 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 2/28/2006.(mb2, )
2006-02-28 22 0 Notice Regarding Statutory Requirement ORDER re: the statutory time period for the special master's issuance of a decision in this case has expired. Petitioner may submit a notice continuing or withdrawing the petition and such notice shall be filed within 30 days. Signed by Special Master John F. Edwards. (tjk, )
2006-03-01 23 0 Status Report Order STATUS REPORT ORDER. Respondent shall file a Status Report due by 3/10/2006 regarding the pathologist and inform the special master about progress in obtaining autopsy slides. Signed by Special Master John F. Edwards. (tjk, )
2006-03-03 24 0 SCHEDULING ORDER: The parties shall exchange informally the autopsy slides. Petitioners shall file an Expert Report due by 4/28/2006. Signed by Special Master John F. Edwards. (tjk, )
2006-03-10 25 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/10/06.(tjk, )
2006-03-27 26 0 Notice of Intent to Remain in the Program NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 3/21/2006.(mij, )
2006-05-01 27 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 4/28/06.(tjk, )
2006-05-05 28 0 SCHEDULING ORDER: Petitioners shall file the Expert Report due by 6/16/2006. Signed by Special Master John F. Edwards. (tjk, )
2006-06-19 29 0 Motion for Extension of Time (Vaccine) MOTION for Extension of Time of 45 days to obtain the expert opinion , filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 6/16/06.Response due by 7/3/2006. (tjk, )
2006-06-22 30 0 SCHEDULING ORDER: Medical Expert Opinion due by 8/2/2006. Signed by Special Master John F. Edwards. (mij, )
2006-08-15 31 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD. Service: 8/11/06.(dls )
2006-08-21 32 0 Status Report Order STATUS REPORT ORDER Petitioner shall file a Status Report due by 9/8/2006 Signed by Special Master John F. Edwards. (tjk, )
2006-09-11 33 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 9/06/06.(tjk, )
2006-09-13 34 0 SCHEDULING ORDER: Petitioners shall file the Medical Expert Report due by 9/29/2006. Signed by Special Master John F. Edwards. (tjk, )
2006-10-10 35 0 Expert Report EXPERT REPORT of John J. Shane (Ex. no. 1) filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 10/04/06.(tjk, )
2006-11-01 36 0 SCHEDULING ORDER: Status Conference set for 11/13/2006 10:00 AM in Chambers (Telephonic) before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (mij, )
2006-11-13 37 0 Status Report Order STATUS REPORT ORDER By 11/29/06, each party shall file a status report. Each party shall inform the special master about the party's progress in pursuing additional medical opinion. Signed by Special Master John F. Edwards. (tjk, )
2006-11-29 38 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/29/06.(tjk, )
2006-12-04 39 0 SCHEDULING ORDER: Respondent shall file a medical opinion due by 1/31/07. Signed by Special Master John F. Edwards. (tjk, )
2006-12-04 40 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 11/29/06.(tjk, )
2006-12-08 41 0 Status Report Order STATUS REPORT ORDER Petitioners shall file a Status Report due by 1/5/2007 Signed by Special Master John F. Edwards. (tjk, )
2006-12-13 42 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 12/11/06.(tjk, )
2007-01-17 43 0 Expert Report EXPERT REPORT of Marcel Kinsbourne, M.D. (Ex. no. 2) filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 1/03/07.(tjk, )
2007-01-31 44 0 SCHEDULING ORDER: Petitioners shall file a Status Report due by 2/09/07. Respondent shall file a Medical Opinion from a pediatric pathologist due by 3/16/07. Signed by Special Master John F. Edwards. (tjk, )
2007-02-12 45 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 2/09/07.(tjk, )
2007-02-14 46 0 Notice of Filing NOTICE OF FILING [Exhibit #3] by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 2/09/07.(tjk, )
2007-03-05 47 0 Certificate of Service AMENDED CERTIFICATE OF SERVICE, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD re [46] Notice of Filing. (tjk, )
2007-03-20 48 0 Motion for Extension of Time (Vaccine) MOTION for Extension of Time until 3/30/07 to file his expert neuropathologist's opinion, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/20/07.Response due by 4/6/2007. (tjk, )
2007-03-23 49 0 Order on Motion for Extension of Time to File (Vaccine) ORDER granting [48] Motion for Extension of Time Expert Report due by 3/30/2007. Signed by Special Master John F. Edwards. (tjk, )
2007-03-30 50 0 Expert Report NOTICE OF FILING: EXPERT REPORT of Lucy Rorke-Adams, CV and Medical Literature (Ex. no. D-G) filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 3/30/07.(tjk, )
2007-04-04 51 0 Status Conference Order STATUS CONFERENCE ORDER: Telephonic Status Conference set for 4/17/2007 11:00 AM before Special Master John F. Edwards. Signed by Special Master John F. Edwards. (tjk, )
2007-04-17 52 0 SCHEDULING ORDER: By 5/04/07: Petitioners and Respondent shall file medical literature in reference to their respective experts' reports due 5/04/07. The parties shall file a Joint Status Report due by 5/04/07, regarding the potential for litigative-risk resolution of the case and proposed dates in August 2007 for a hearing on entitlement. Signed by Special Master John F. Edwards. (tjk, )
2007-04-30 53 0 Notice of Filing NOTICE OF FILING Exhibit H by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 4/30/07.(Neal, Alonzo)
2007-05-01 54 0 Joint Status Report JOINT STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/01/07.(tjk, )
2007-05-04 55 0 Status Report Order STATUS REPORT ORDER The parties shall file a JointStatus Report due by 5/18/2007 Signed by Special Master John F. Edwards. (tjk, )
2007-05-17 56 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 5/17/07.(tjk, )
2007-05-18 57 0 Order ORDER Respondent shall deliver a stipulation to petitioner fro signature by 8/23/07. Respondent shall fill a status report when repondent sends the stipulation to petitioner for signature. Signed by Special Master John F. Edwards. (Neal, Alonzo)
2007-08-21 58 0 Status Report STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/21/07.(Neal, Alonzo)
2007-08-23 59 0 Status Report Order STATUS REPORT ORDER Petitioners shall file a Status Report due by 9/7/2007, regarding petitioners' progress in reviewing the stipulation, signing the stipulation and returning the stipulation to respondent. Signed by Special Master John F. Edwards. (tjk, )
2007-09-04 60 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 8/28/07.(tjk, )
2007-09-06 61 0 SCHEDULING ORDER:Respondent shall file Stipulation by 9/18/2007. Signed by Special Master John F. Edwards. (Neal, Alonzo)
2007-09-12 62 0 Status Report STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 9/5/07.(Neal, Alonzo)
2007-09-14 63 0 Motion for Extension of Time (Vaccine) MOTION for Extension of Time until 9/28/07 to file the stipulation, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/14/07.Response due by 10/1/2007. (tjk, )
2007-09-17 64 0 Notice of Appearance NOTICE of Appearance by Ryan Daniel Pyles for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 9/17/07.(tjk, )
2007-09-20 65 0 Stipulation STIPULATION, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD, SECRETARY OF HEALTH AND HUMAN SERVICES. (tjk, )
2007-09-21 66 0 DECISION of Special Master DECISION Signed by Special Master John F. Edwards. (tjk, )
2007-09-25 67 0 Notice Not to Seek Review NOTICE Not to Seek Review, filed by SECRETARY OF HEALTH AND HUMAN SERVICES re [66] DECISION of Special Master. Service: 9/25/07.(tjk, )
2007-10-18 68 0 Notice Not to Seek Review NOTICE Not to Seek Review, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD re [66] DECISION of Special Master. Service: 9/28/07.(tjk, )
2007-10-19 69 0 Judgment JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioners are awarded a lump sum compensation in the amount of $75,000.00, in the form of a check payable to petitioners as legal representatives of Alexander James Fairchild's estate. (dls)
2007-10-26 70 0 Petitioner's Election to Accept Judgment Petitioner's Election to Accept [69] Judgment,. Service: 10/13/07.(Neal, Alonzo)
2007-11-08 71 0 Motion for Attorney Fees MOTION for Attorney Fees, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD. Service: 10/31/07.Response due by 11/19/2007. (tjk, )
2007-11-13 72 0 Status Report Order STATUS REPORT ORDER. By no later than 11/28/07, the parties shall file a Joint Status Report informing the special master about the parties' progress in addressing an appropriate award for attorney's fees, attorney's costs and personal expenses as defined by General Order No. 9. Signed by Special Master John F. Edwards. (tjk, )
2007-11-19 73 0 Joint Status Report JOINT STATUS REPORT, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD, SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/19/07.(Neal, Alonzo)
2007-11-21 74 0 DECISION of Special Master - Fees DECISION on Attorney's Fees and Costs Signed by Special Master John F. Edwards. (tjk, )
2007-11-26 75 0 Notice Not to Seek Review NOTICE Not to Seek Review, filed by SECRETARY OF HEALTH AND HUMAN SERVICES re [74] DECISION of Special Master - Fees. Service: 11/26/07.(Neal, Alonzo)
2007-11-21 76 0 Remark Remark. Decision of Special Master dated 11/21/07 sent to Petitioner's counsel via Federal Express Priority Overnight Delivery on 11/21/07. Tracking no. 8634 5658 9502. (tjk, )
2007-12-03 77 0 Notice Not to Seek Review NOTICE Not to Seek Review, filed by NANCIE ABSTON, JASON FAIRCHILD, ALEXANDER JAMES FAIRCHILD re [74] DECISION of Special Master - Fees. Service: 11/26/07.(Neal, Alonzo)
2007-12-04 78 0 Judgment on Attorney Fees JUDGMENT entered, pursuant to Vaccine Rule 11(a), that petitioners are awarded attorney's fees and costs in the amount of $34,128.47, in addition to the October 19, 2007 judgment of compensation. Petitioners' attorney of record, Thomas P. Gallagher, Esq., may collect $34,128.47 from petitioners. (lld)