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  • Areas of Practice
    • Vaccine Injury Compensation
    • Metal on Metal Hip Lawsuits & Settlements
    • Asbestos Exposure | Mesothelioma
    • Medical Product Liability
    • Medtronic Pacemaker Lawsuits
    • Kratom Lawsuits
    • Zantac Cancer Lawsuits
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    • Government Contract Disputes Protests and Litigation
    • Rails to Trails Conversions
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  • Get to Know Us
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Case Review

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Review of Recent Cases; Entitlement; Fees & Costs Decisions

FACT DECISIONS Factual determination that SIRVA injury more likely caused by influenza vaccine than uncovered…
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Review of Recent Cases - Attorney Fees; Entitlements; Damages

Attorney Fees Reasonable Basis Alicock v. HHS, (Fed. Cl. Nov. 9, 2016) (Wheeler, J) Denial…
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Review of Recent Cases Involving Attorney's Fees & Costs

Supplemental Costs Post-Fee Judgment SM granted an unopposed request for supplemental expert costs inadvertently omitted…
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Attorney’s Fees and Costs Rulings

Attorneys’ Fees Check Payee Special master granted relief from judgment where counsel was unable to…
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Substantive Decisions - MMR and Gardasil Vaccines

Entitlement denied in a case alleging MMR-caused Myoclonic-Astatic Epilepsy (also known as “Doose Syndrome”).   Analytical…
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Attorney’s Fees and Costs Rulings by Topic

Non-Forum Rates Glaser v. HHS, (Fed. Cl. Spec. Mstr. Jun. 6, 2016) (Corcoran, SM). VT attorney…
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Procedural Decisions - Motion for Review

Procedural Decisions Valle v. HHS. (Fed. Cl. Aug. 6, 2016) (Lettow, J).  Thirty-day time limit…
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Substantive Decisions - Denial of Entitlement

Substantive Decisions Rus v. HHS, (Fed. Cl. Spec. Mstr. Jun. 23, 2016) (Gowen, SM).  Denial…
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Statute of Limitations - Premature Ovarian Failure

Premature Ovarian Failure Mini Omnibus This group of cases has been attempting to resolve when…
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Attorney’s Fees – Hourly Rates

Stanford v. HHS, (Fed. Cl. Spec. Mstr. May 16, 2016) (Moran, SM) 20+ year MD/.JD,…
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Attorney’s Fees – Hourly Rates, Expert Costs

Pentchelov v. HHS, (Fed. Cl. Spec. Mstr. April 29, 2016) (Corcoran, SM) The Court approved…
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Denial of Entitlement – SIDS Death – Triple Risk Model

Copenhaver v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Moran, SM) This case is…
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Entitlement Ruling – Seizures/Infantile Spasms due to DTaP

Reilly v. HHS, (Fed. Cl. Spec. Mstr. May 31, 2016) (Hamilton-Fieldman, SM) After a brain…
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Interim Damages – Pain and Suffering $250,000

Day v. HHS, (Fed. Cl. Spec. Mstr. May 21, 2016) (Dorsey, CSM) (Ed. Note –…
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Denial of Interim Fees – Litigation not Protracted, No Undue Hardship

Bourche v. HHS, (Fed. Cl. Spec. Mstr. June 24, 2016) (Moran, SM) The court denied…
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Damages – Supplemental Attendant Care in Nursing Home

Barone v. HHS, (Fed. Cl. Spec. Mstr. Jun. 12, 2016) (Corcoran, SM) Petitioner was wheelchair…
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Motion for Review Denial

Bean-Sasser v. HHS, (Fed. Cl. Jun. 26, 2016) (Yock, SJ)  The reviewing court held it…
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Attorney’s Fees - Reasonable Basis

Miller v. HHS, (Fed. Cl. Spec. Mstr. Jun. 3, 2016) (Hastings, SM) The court denied…
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Denial – Aggravation of Leigh Disease/Death by Flumist

HL v HHS, (Fed. Cl. Spec. Mstr. Mar. 17, 2016) (Hastings, SM) The petitioner unsuccessfully…
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Denial of Compensation - Mitochondrial Autism/Autoimmune Encephalitis

RV v. HHS, (Fed. Cl. Spec. Mstr. Feb. 19, 2016) (Corcoran, SM) In this case,…
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Denial of Interim Attorney’s Fees – Reasonable Basis

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an…
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Denial of Interim Attorney’s Fees – Reasonable Basis

Reiling v. HHS, (Fed. Cl. Spec. Mstr. Jun 24, 2016) (Moran, SM) Counsel sought an…
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Interim Attorney’s Fees, Forum Rates

Auch v. HHS, (Fed. Cl. Spec. Mstr. May 20, 2016) (Corcoran, SM) The court held…
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GBS Case - Damages, Future Lost Wages, Growth Rate, Discount Rate

Petronelli v. HHS, (Ct. Fed. Cl. Spec. Mstr. May 12, 2016) (Gowen, SM) In this…
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Entitlement – Multiple Sclerosis Caused by Hep B Vaccination

Valle v. HHS, (Fed. Cl. Spec. Mstr. Apr. 18, 2016) (Gowen, SM) This case involved…
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Dismissal of Petition – No Equitable Tolling

Smith v. HHS, (Fed. Cl. Spec. Mstr. Apr. 8, 2016) (Hamilton-Fieldman, SM) Petitioners argued that…
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Damages - SIRVA Case

Courbois v. HHS (Fed Cl. Spec. Mstr. Apr. 20, 2016) (Hamilton-Fieldman, SM) After a hearing,…
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Attorney's Fees and Costs - Reasonable Basis

Cooper v. HHS, (Fed. Cl. Spec. Mstr. Apr. 25, 2016) (Gowen, SM) In this case…
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Motion for Reconsideration Denial – Attorney’s Fees Objection Waived

Bundrick v. HHS, (Fed. Cl. Spec. Mstr. Apr. 27, 2016) (Roth, SM) Petitioner requested fees…
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Failure of Proof of Vaccine Causing SIDS

Cozart v. HHS, (Fed. Cl. Mar. 25, 2016) (Smith, SJ) In the trial court, Petitioner…
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Denial of Motion for Review; No Jurisdiction

JT v. HHS, (Fed. Cl. Feb. 1, 2016) (Bruggink, J) In this conceded case, there…
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Reasonableness of Expert Fees

Loving v. HHS, (Fed. Cl. Spec. Mstr. Dec. 15, 2015) (Moran, SM) In this infamous…
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Attorney’s Fees and Costs: Forum Rate, Excessive Billing

Watson v. HHS. (Fed. CL. Spec. Mstr. Mar. 7, 2016) (Corcoran, SM) In this fee…
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Denial of HHS Appeal of Interim Fees; Reasonable Basis

Rehn v. HHS, (Fed. Cl. Mar. 30, 2016) (Lettow, J) The special master had awarded…
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Attorney’s fees; Waiver by HHS

Dorego v. HHS, (Fed. Cl. Spec. Mstr. Apr. 4, 2016) (Moran, SM) In response to…
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Interim Fees: Hourly Expert Rates, Multiple Attorneys

Culligan v. HHS, (Fed. Cl. Spec. Mstr. Mar. 31, 2016) (Hamilton-Fieldman, SM) In this interim…
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Claim that Liver Failure Caused by FluMist

Agnew v. HHS, (Fed. Cl. Spec. Mstr. Mar. 30, 2016) (Millman, SM) Petitioner’s theory was…
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Denial of Entitlement; RA Following Hepatitis B Vaccination

Bean-Sasser v. HHS (Fed. Cl. Spec. Mstr. Apr. 5, 2016) (Moran, SM) In this case,…
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Denial of Entitlement; SIDS

Lord v. HHS, (Fed. Cl. Spec. Mstr. Feb. 9, 2016) (Dorsey, CSM) This is another…
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Interim Fees-Review

Mostovoy v. HHS, (Fed. Cl. Spec. Mstr. Feb. 4, 2016) (Dorsey, CSM) In this omnibus…
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Order Affirmance on Redaction of Petitioner - Parent Names

R.K. v. HHS, (Fed. Cl. Feb. 29, 2016) (Braden, J) The special master had ruled…
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HPV Vaccination Held to Have Caused Urticaria

Waterman v. HHS, (Fed. Cl. Spec. Mstr. Feb. 5, 2016) (Hamilton-Fieldman, SM) The Court resolved…
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Death After HPV Vaccine; Molecular Mimicry–Requirements

Tarsell v. HHS, (Fed. Cl. Spec. Mstr. Feb. 16, 2016) (Moran, SM) The theory of…
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Compensation Denial–SCN1A Mutation, Dravet’s Syndrome–Aggravation

Faoro v. HHS, (Fed. Cl. Spec. Mstr. Jan. 29, 2016) (Dorsey, CSM) This case differed…
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Interim Fees; Reasonable Basis; Excessive Time

Sanchez v. HHS,  (Fed. Cl. Spec. Mstr. Feb. 17, 2016) (Moran, SM) Petitioner moved for…
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Denial of Motion to Dismiss - Equitable Tolling

Gray v. HIS, (Fed. Cl. Spec. Mstr. Feb. 24, 2016) (Gowen, SM) The special master…
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Remand Decision - Equitable Tolling Established

Hodge v. HHS, (Fed. Cl. Spec. Mstr. Dec. 21, 2015) (Moran, SM) Decision on Remand…
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Attorney’s Fees and Costs - Reasonable Basis

Ruppert v. HHS, (Fed. Cl. Spec. Mstr. Nov. 6, 2015) (Gowen, SM) Attorney’s Fees and…
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Denial of Motion for Review – Petitioner not an “Employee” of U.S.

Griffin v. HHS, (Fed. Cl. Dec. 7, 2015) (Bruggink, J) Denial of Motion for Review…
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No Entitlement to Causation – Autism Omnibus Case

Canuto v. HHS, (Fed. Cl. Spec. Mstr. Dec. 18, 2015) (Hastings, SM) No Entitlement to…
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Denial of Entitlement – Autoimmune Encephalitis

Kenney v. HHS, (Fed. Cl. Spec. Mstr. Jan. 16, 2015) (Moran, SM) Denial of Entitlement…
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Entitlement to Compensation – Ulcerative Colitis caused by HPV Vaccine

Morgan v. HHS, (Fed. Cl.  Spec. Mstr. Dec. 10, 2015) (Gowen, SM) Entitlement to Compensation…
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Attorney’s Fees – No Reasonable Basis

Patel v. HHS, (Fed. Cl. Spec. Mstr. Jan. 8, 2016) (Moran, SM) Attorney’s Fees –…
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Denial of Entitlement – Mitochondrial Autism

R.K. v. HHS, (Fed. Cl. Feb. 12, 2016) (Braden, J) Denial of Entitlement Affirmed –…
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Autism Omnibus Case - Warning to Counsel

Sturdivant v. HHS, (Fed. Cl. Spec. Mstr. Jan. 21, 2016) (Hastings, SM) No Entitlement to…
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Entitlement to Fees and Costs – Reasonable Basis

Goodings v. HHS, (Fed. Cl. Spec. Mstr. Dec. 28, 2015) (Hamilton-Fieldman) The special master held…
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Ruling Granting Future Costs of Conservatorship

Tadio v. HHS, (Fed. Cl. Spec. Mstr. Nov. 25, 2015) (Gowen, SM) In this case,…
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Entitlement – Addison’s Disease caused by TDaP Vaccine

Simmons v. HHS, (Fed. Cl. Spec. Mstr. Oct. 30, 2015) (Millman, SM) In this unusual…
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Compensation Entitlement–Overlap Syndrome caused by Flu Vaccine

Rodd v. HHS, (Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Gowen, SM) Respondent primarily defended…
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Entitlement – Cerebral Anaphylaxis and Seizure caused by MMR & DTaP

Price v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Gowen, SM) The Court found…
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Denial of Entitlement – GBS following Tetanus Vaccination

Perez v. HHS, (Fed. Cl. Spec. Mstr. Dec. 8, 2015) (Hamilton-Fieldman, SM) In this case,…
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Compensation Denial - Warning to Counsel in Mito/ASD Cases

Hardy v. HHS, (Fed. CL. Spec. Mstr. Nov. 3, 2015) (Hastings, SM) The Court held…
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Denial of Subpoena to Sanofi Pasteur Regarding Fluzone

Halverson v. HHS, (Fed. Cl. Spec. Mstr. Oct. 29, 2015) (Roth, SM) Petitioner had informally…
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Decision on Second Motion for Review of Fees and Costs

Guerrero v. HHS, (Fed. Cl. Nov. 16, 2015) (Williams, J) In this appeal, Petitioner contended…
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Reasonable Basis Denial of Fees and Costs Affirmed

Graham v. HHS, (Fed. Cl. Nov. 30, 2015) (Braden, J) In the trial court, the…
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Second Compensation Denial

Godfrey v. HHS, (Fed. Cl. Spec. Mstr. October 27, 2015) (Corcoran, SM) Remand decision after…
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Denial of Fees Associated with Cross-Country Travel; Overstaffing

Avchen v. HHS, (Fed. Cl. Spec. Mstr. Dec. 4, 2015) (Moran, SM) In this conceded…
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Denial of Review

Scharffenberger v. HHS, (Fed. Cl. Spec. Mstr. Nov. 10, 2015) (Williams, J) The Special Master…
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Entitlement Decision – Aggravation of Susac’s Syndrome – Flu/DTaP

Means v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Dorsey, CSM) Susac's Syndrome is…
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Entitlement Decision – Table Brachial Neuritis – Onset Issue

Lewis v. HHS (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Moran, SM) The parties disputed…
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Denial of Motion to Vacate – Problems with Expert Witness

D.B. v. HHS, (Fed. Cl. Spec. Mstr. Nov. 18, 2015) (Hamilton-Fieldman, SM) Petitioner had previously…
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Entitlement Decision – Neuromyelitis Optica After HPV and Flu Vaccine

Day v. HHS,(Fed. Cl. Spec. Mstr. Nov. 13, 2015) (Dorsey, CSM) Neuromyelitis Optica (NMO) is…
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Denial of Entitlement – SIDS death – Multiple Vaccines

Cozart v. HHS, (Fed. Cl. Spec. Mstr. Oct. 15, 2015) (Dorsey, SM)*Petitioners had advanced the…
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Denial of Motion for Review - Infant Death post DTaP

Waterman v. HHS (Fed. Cl. Oct. 23, 2015) (Campbell-Smith, CJ) Petitioners ultimately advanced a theory…
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Compensation Denial in Case Alleging Headaches Due to HPV Vaccination

McGuire v. HHS, (Fed. Cl. Spec. Mstr. Sep. 18, 2015) (Moran, SM) The bottom line…
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Attorneys’ Fees Decision Establishing Hourly Rates

McCulloch v. HHS, (Fed. Cl. Spec. Mstr. Sep, 1, 2015 ) (Gowen, SM) Although the…
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Motion for Review Denial – Refusal to Redact Name or Medical Condition

Lamare v. HHS, (Fed. Cl. Jul. 29, 2015) (Horn, J) In an interim fees decision,…
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Denial of Relief from Judgment on Unexpected Increased Cost of Care

Kenzora v. HHS, (Fed. Cl. Spec. Mstr. Sep. 25, 2015) (Dorsey, CSM) A transverse myelitis…
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Ruling on Lost Earnings - Case Review

J.T. v. HHS, (Fed. Cl. Spec. Mstr. Oct. 13, 2015) (Millman, SM) In this damages…
  • Case Review

Remand Statute of Limitations Dismissal to Reassess Equitable Tolling

J.H. v. HHS, (Fed. Cl. Sep. 9, 2015) (Sweeney, J) Petitioner suffered from severe OCD,…
  • Case Review

Denial of Attorney’s Fees and Costs – Reasonable Basis

Cole v. HHS, (Fed. Cl. Spec. Mstr. Sep. 4, 2015) (Moran, SM) Citing Chuisano, the…
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Interim Attorney’s Fees & Costs Decision

Al-Uffi v. HHS, (Fed. Cl. Spec. Mstr. Sep. 30, 2015) (Corcoran, SM) Under Avera, the…
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Compensation Denial–Autistic Regression in Mitochondrial Disorder

Allen v. HHS, (Fed. Cl. Spec. Mstr. Sep. 26, 2015) (Vowell, SM) The Court, in…
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DTaP - SCN1A – Dravet’s syndrome/SMEI

Santini v. HHS, Case No. 06-725V (Fed. Cl. Jun. 30, 2015) (Braden, J) This case…
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Ruling on Record-Mitochondrial Disorder

Bushnell v. HHS, Case No. 02-1648V (Fed. Cl. Spec. Mstr. Jun. 12, 2015) (Hastings) Former…
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Reversal of Denial in Entitlement in Case Alleging TM Caused by DTaP

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Aug. 12, 2015) (Lettow, J) The Special…
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Entitlement Denial - MMR Vaccine Caused Brain Damage In Utero

Sumner v. HHS, Case No. 99-946V (Fed. Cl. Spec. Mstr. Aug. 13, 2015) (Hamilton-Fieldman, SM)…
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Motion for Review Denial-Case States Disorder Results from MMR or DTaP

Nuttal v. HHS, (Fed. Cl. Aug. 19, 2015) (Firestone, J) Petitioner advanced a theory that…
  • Case Review

TDaP Reaction: Causation in Fact Claim

Jump v. HHS, Case No. 11-301V (Fla. Spec. Mstr. Aug. 31, 2015) (Hamilton-Fieldman, SM) In…
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Case Delayed for Evaluation of Prong 1

Godfrey v. HHS, Case No. 10-565V (Fed. Cl. Aug. 19, 2015) (Firestone, J) Case Remanded…
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Entitlement Denial–DTaP Alleged to Cause Transverse Myelitis

Whitney v. HHS, Case No. 10-809V (Fed. Cl. Spec. Mstr. Jul. 20, 2015) (Moran) Testifying…
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Affirmance of Denial of Relief from Judgement

Mora v. HHS, Case No. 13-421V (Fed. Cl. Jun. 30, 2015) (Kaplan, J) In this…
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Denial of Fees-No Basis to Claim

Livingston v. HHS, Case No. 12-268V (Fed. Cl. Spec. Mstr. Jun.26, 2015) (Corcoran) This case…
  • Case Review

Entitlement Denial–Mitochondrial Disorder

Holt v. HHS, Case No. 05-0136V (Fed. Cl. Spec. Mstr. Jun. 24, 2015) (Vowell, CSM)…
  • Case Review

Motion for Review Denial – Not Capricious to Reject Diagnoses

D’Angiolini v. HHS, Case No. 99-578V (Fed. Cl. Jul. 27, 2015) (Block, J) Appeal from…
  • Case Review

DTaP-SCN1A–Dravet’s syndrome/SMEI–Affirmed Compensation Denial

­Barclay v. HHS, Case No. 07-605V (Fed. Cl. Jul. 10, 2015) (Bruggink, J) This case…
  • Case Review

Gardasil(HPV) Vaccine Found to Cause Miller-Fisher(MF) Variant of GBS

D.S. v . HHS, No. 10-077V (Fed. Cl. Spec. Mstr. May 19, 2015)(Dorsey) Entitlement decision…
  • Case Review

Attorney’s Fees – Hourly rates/Forum rates/Number of Hours/Expert Fees

Scharffenberger v. HHS, No. 11-221V (Fed. Cl Spec. Mstr. May 15, 2015) (Corcoran) Attorney’s Fees…
  • Case Review

Attorney’s Fees – Hourly Rates, Number of Hours, Expert Fees, Travel

O’Neill v HHS, No. 08-243V (Fed. Cl. Spec. Mstr. April 28, 2015)(Hamilton-Fieldman) Decision on Attorney’s…
  • Case Review

Tetanus Vaccine and Transverse Myelitis – Timing

Mosley v. HHS, No. 08-724V (Fed. Cl. Spec. Mstr. Apr. 27, 2015)(Millman) Denial of entitlement…
  • Case Review

Encephalopathy or Encephalitis and MMR

Milik v. HHS, No. 01-064V (Fed. Cl. May 14, 2015) (Campbell-Smith, CJ) Appeal from a…
  • Case Review

Attorney’s Fees – Paralegal/Clerical, Duplicative or Unnecessary Tasks

Guerrero v. HHS, No. 12-689V (Fed. Cl. Spec. Mstr. May 22, 2015) (Moran) Attorneys’ fees…
  • Case Review

Autoimmune Encephalopathy, MMR and Autism

Brook v. HHS, No. 04-405V (Fed. Cl. Spec. Mstr. May 14, 2015)(Hastings) Denial of entitlement…
  • Case Review

HPV Held to Cause Autoimmune Limbic Encephalitis & Refractory Seizures

McCulloch v. HHS, No. 09-023V (Fed. Cl. Spec. Mstr. May 22, 2015) (Gowen) Gardasil (HPV)…
  • Case Review
I am excited to be receiving my final payment so I can put all this behind me. I am really grateful to everyone who played a part in getting me this well deserved settlement as my life has been negatively impacted over the years.
M.BClient
We cannot thank you enough for the services your firm has provided for Marie and I in our time of need. I could not have chosen a finer firm near or far to represent us.
John and Marie (Last Name Withheld for Privacy)
My first response is "Wow!" It has only been 11 months since I first heard of "SIRVA" and an HHS program that awarded compensation to its victims and only 7 months since MC&T accepted my case. I feel that your efforts on my part made all the difference.
A. Stoneburner
Thanks to you I am living comfortably in my own home with assistance. After my devastating GBS diagnosis from the flu vaccine six years ago, I didn't know what to do. Thank goodness I found you and your law firm. Thank you so much!
Name Withheld for Privacy
...Alison is a phenomenal attorney... When she put together the demand letter she was able to explain what I had been through and how I had felt... I want to thank your firm but personally thank all that had a hand in resolving my case.
Name Withheld for Privacy
The past 10 months have been a whirlwind to say the least but we are truly thankful, grateful and appreciative of ...all you have done for our family. This is truly life changing for us. The weight that this lifts off of our shoulders and the peace of mind it will give us....its priceless. So again, thank you.
Name Withheld for Privacy of a Minor Child
Thank you so much. It was so nice to deal with someone who treated us with respect and had a true interest in our future. This would not have happened without your hard work. Please tell anyone who helped with this that we truly appreciate it.
Martin (Last Name Withheld)
I am so grateful for all of your time and tireless work that you have put into resolving my case. Most sincere thanks.
M.R.
I just wanted to thank you for your help over the past 3 years...Thank you for negotiating with the DOJ in order to get as much as we could under the circumstance...It has been a pleasure having you and your wonderful staff here to assist me in this long and tedious effort.
Name Withheld for Privacy
I just wanted to thank you for your help over the past 3 years. I will be more than glad to refer anyone to you if I hear of someone with a vaccine issue or other related problems. It has been a pleasure having you and your wonderful staff here to assist me in this long and tedious effort.
George (Last Name Withheld for Privacy)
Thank you for all of your efforts all along to help resolve lifelong issues I will always have due to this defective implant. You have held my hand through a lot and each and everyone of you at MCT are appreciated for all of your efforts.
Name Withheld for Privacy
Mr. Maglio, I want you to know the appreciation I have for Diana Stadelnikas and her team for the effort they have put into my wife's claim! The settlement negotiation they achieved (in a very frustrating situation) is outstanding! While there's a way to go yet, I want to assure you will they have my full confidence and gratitude to the finish! I know you must be proud of your people!
W.C.
I thank you so much for your diligent and hard work on my behalf. You are a thoroughly professional and pleasant person and I am grateful for having you on my case.
Susan M.Client
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MCTLaw managing partner Altom Maglio speaking to attorney Diana Stadelnikas