special master dismissed your face for you to prosecute and i count three times when you were required to do something and didn't act and so why was that assume that this is a strong case i find that that all of the other questions don't justify allowing the additional extension yes she did seem to over focus on procedural what he calls the fear to prosecute and i can understand his animosity towards me on that mess why i appreciate the opportunity to talk with you directly so you can judge my honesty and sincerity he said i was somewhat disingenuous i have practiced for fifty two years in every state east of the mississippi in three west i've never had a judge or an attorney but i worked in opposition with that would have ever told you folks t terms of responding to the court's orders the question however is whether in setting aside the merits of the case pursuant to court for claims proce them he made a mistake because the court of power plants resident as i understand that he relied on says that the merits of the case are not relevant to the question of whether this is excusable neglect or not and i'm not sure that's correct it is it isn't it has to balance a thing we had to do the preponderance of the evidence we met it by four experts to zero we met so set that aside and the primary issue and i agree with you i on my reply brief took a magnifying glass couldn't figure out why the print was so small the key ruling was the show cause or i'm going to dismiss this case and that one was not sent to the right email address by their own document they show that and that's what was frustrating he made a comment and his opinion to support his opinion of failure to prosecute when he said for eleven months in this case the email process worked perfectly you got every one of some thirty four intrigues i likewise shared with him a mistake and i relied on that eleven months of thirty four entries as justification which brings in the word inverts i was inverted and what what happened there but i relied on the fact yes they come through all the time so i looked i have never in fifty two years ever had a circumstance like this is most extraordinary exceptional circumstance where a doctor had a personal crisis a family health member dying my age or that and that's the way i felt about judge special master in this case is that he was kind enough and when i asked to have until the end of july he gave in to urge end of august three weeks whatever then gave me another three or four weeks i thought he was the kind patient sort then when i checked the email every day nothing in september or october came through it seems to me difficult to say that because the special master had been kind and patient at that somehow excuse your neglect which is pretty clear from the record that i didn't do what you should you didn't do what you should have done the question at least in my mind is whether in resolving this question of excusable neglect the special master urged in putting aside the merits of the case which it seems to me may not be correct if i understand you're right no you should said when judging whether or not to set aside a judgment is to be liberally construed with the exception the finality of judgment for the purpose of doing some stansell justice substantial justice is not sanctioning me it is whether or not this twelve year old girl who's had to drop out of school lives in constant pain in their arms and legs her heart doesn't function properly her legs well she is in constant fatigue everything in her life has stopped and she has no way to support herself in the future and this healed she had some minor problems but you don't have a whole lot of serious problems when you're point student in a in a you have to program and you were socially active you go hiking and dancing and having fun with friends and now she has no friends no social activity she sleeps during the whole day she can't sleep at night her world has been destroyed and that can not be lost in this court's judgment it's got to be looked at  because and i would not you know there's a public opinion if you want to do sanction in the future by having that public opinion that's fine but my that's why i have waived when when that argument was made that's why i have waive all fee and all expenses so that you folks know from this heart and i swear to my god my whole focus and intent is that justice is done for this young girl whose life has been ruined and not some sanctioning for their own document that said the senate the wrong email for those show cause order these things cannot exist override and destroy this girl's life who had nothing to do every one of those and the vaccine people who recognise it said that is an acknowledged adverse reaction that cannot be set aside for a two month delayed report which was not the fault of anybody and none of us had any it the court had no control over it dr miller had no control over the crisis he had his practice and the family member that was in critical condition and dr maser who was in that two month trial those doctors they had no control over i had no control it just simply i couldn't understand i didn't know whether to approach the judge and suggest i don't know whether they're dead or whether they've had a stroke or a heart attack they're hospitalized i can't get through to and i kept thinking this is where inadvertence comes in which does allow reversals i was inadvertent i was so every time i'm going to get him the next time i just know i'm going to get him on the phone the next night and i didn't and i'd wait another two three days and i could never even leave a voicemail for dr miller and i left multiple voice mails for dr maser who was supposed to be the correspondent in go between and he admitted i never even answered my phone or listen to my voice mails for the two months i was tied up in that litigation everything just all coupled together there for those two months and and the courts email system for whatever reason didn't work until all of the enough the public decision on november fourteen was posted that's the first in two months i ever heard and i got that from my e mail them station and that's what i have to convince you folks i'm swearing to god that i was inadvertent and i think i think i would fit question is whether there was an abuse of discretion moral question on the part of the national master which the court of federal claims affirm i know but i think they also were wrong and record see dr flynn swears record her record repeatedly said she's been injured by gardasil and then two letters to the school saying she can't come back to school at least for the rest of the year because of the gardasil injury she the case play in this and in reading this record it looks as though they said very substantial to the extent of the special master suggest that it was insubstantial i think that's hard to sustain the question is what decision and i'd like you to address that because that seems to me not to be rocked my understanding from the law is that as affirmed and thus by this very core and fisher v andersen that not sure that's correct i mean no question that there's negligence here and but but doesn't the in making the determination excusable and like doesn't the special master have to consider the strength of the merits of the case i don't believe that the case law indicates that he does however even if he does he did address the merits of the case is there any case that's apart from this court of her claims case is there any case and says you interested now are you prejudiced in the first instance there is for some prejudice inherent in this type of case because it's just would have to spend additional resources to deal with but because of the strength of the other arguments particularly the third prong identified by pioneer which is the most important problem which is whether the reason for the delay was the reasonable control of the moving party and here that factor weighs heavily against petitioner well there's no sign of  the so advanced case which comes from the second circuit indicates that the preponderant factor is that third factor of whether the moving party had reasonable control over the reason for the delight and here the reason for that the lie was not any issues with the experts and the underlying case the real issue was that petitioners attorney did not act well that i'm not sure the real issue is correct that is an issue and certainly apart from the fact that the september nineteenth thing was for the won't rest which is not something special minister recognized but even apart from that there's evidence of neglect there's no question about the question is whether there's an abuse of discretion here in failing to consider the merits of the case and weighing that together with the lack of prejudice to make a determination although the court may disagree with the it's not and substantiates well the special master did go through the underlying evidence as well as the expert courts were filed by petitioner here petition filed three expert ports but all three experts had different diagnoses for the condition and they offer no can make a determination based on the written submission but it would be would agree that the failure to consider the merits of making the excusable neglect terminations is no and why is that what authority if you have for that aside from opinion it was our right i'm not aware of that however here the merits were addressed so although this court may disagree with the value placed on the merits those merits were addressed the special master did go through all of the evidence method and moreover the special master did address even the late file expert for national master devoted several paragraphs to the issue either way here i believe the special master is covered because a special master did address the merits on one side and on the other side he also did address petitioners claims for relief from judgment and found that on those grounds primarily because petitioner here unquestionably perhaps but here petitioner knew of the first deadline so willingly failed to act at least some of that is obviously in the record as to whether he ever got the show no that's not correct and i can address that issue as the primary reason for the discrepancy regarding that's appendix pitch twenty seven sure identifies the primary reason for the discrepancy there is a poor quality photocopy the original document is court exhibit four that the special master files along with his decision  petitioners request for relief from judgment that document is clear i brought copies or today it's my post it or i could just identify where the court can find the claim document but that was submitted on february sixteenth twenty eighth you know it shows th q and a half minutes just a couple of particular points here it was only a two month delay this reports this whole thing is over a two month delay for a doctor's report who was having a family crisis and a practice crisis yes not not just by those caused by intervening circumstances beyond the parties control willingly failed to react that is not the case i struggled every two or three days alternative to the rule b one is must be justified by a showing exceptional circumstance i doubt anybody in this courtroom at any more exceptional circumstances than that dr have in his crises the failing of the email address things of that nature but must be justified by exceptional circumstances where a grave miscarried of justice now wayne where the grave miss cure each of justice would result in the substantial rights of a party would be harmed if relief is not granted that sickens or in the community case her rights to relief were completely destroyed and have a special master said  he also talked about it could be a futile exercise and bring it back and i'm going to deny it but i might also find it was unreasonable and no good cause to even file this claim what he was saying to set me was loise field of appeal or i may deny your fee and your expenses well to show how genuine and sincere i am that's why i waived all my fee and all my expenses this is my last legal event of my fifty two year career if you are kind enough to