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. Author manuscript; available in PMC: 2018 Jul 1.
Published in final edited form as: Dent Clin North Am. 2017 Jul;61(3):627–644. doi: 10.1016/j.cden.2017.03.001

Table 1.

Procedural timeline of Frew and Hawkins lawsuits

Linda Frew, on behalf of her daughter, Carla Frew, et al., v. Richard
Ladd, Commissioner of the Texas Health and Human Services
Commission, et al.

Eastern District of Texas Court
Cassandra Hawkins et. al., v. Commissioner, New Hampshire Department of
Health and Human Services


New Hampshire District Court
Year Procedural Action Holdings Year Procedural Action Holdings
1993 Complaint filed Lawsuit filed on behalf of the class of Medicaid-enrolled children in Texas. 1999 Complaint filed Lawsuit filed on behalf of the class of Medicaid-enrolled children in New Hampshire.
1995 Fairness hearing Two day hearing on the lawsuit and proposed settlement. 2003 Consent decree hearing Court heard arguments over the proposed settlement.
1996 Consent decree approved Court found the class had standing and the consent decree fair and enforceable. 2004 Consent decree approved + order approving consent decree and motion to enforce settlement. Court found the class had standing and the consent decree fair and enforceable.
1998 Motion to enforce consent decree. Plaintiffs argued that the state had not carried out parts of the consent decree and asked the court to enforce the settlement. 2006 Court appointed mediator Plaintiffs and defendants were in dispute over whether the NH DHHS was complying with the consent decree. The court appointed a mediator to address the dispute. Mediation was unsuccessful.
2000 Memorandum of opinion Judge held that defendants violated parts of the consent decree and that the decree was enforceable. 2007 Order denying motion to enforce consent decree. Plaintiffs filed motion to enforce the consent decree. Court ordered plaintiffs to file supplemental motion clarifying relief sought and put the NH DHHS on notice that grounds may exist to supportcontempt.
2003 5th Circuit Court of Appeals reversed consent decree enforcement ruling. Court ruled that the consent decree is in violation of 11th Amendment. 2008 Order denying motion for contempt and for further relief. Court concluded plaintiffs had not met thestandard showing that the NH DHHS should be held in contempt for failing to comply with the consent decree.
2004 US Supreme Court reverses 5th Circuit Court of Appeals decision Court found the consent decree was enforceable. 2010 Order denying motion for contempt and motion to modify consent decree. Court again concluded plaintiffs did not show why NH DHHS should be held in contempt and denied motion to extend consent decree for three years.
2007 Corrective action order signed Court enforced original consent decree plus 11 modifications put forth by defendants.
2013 Memorandum of opinion Some corrective action orders from 2007 were satisfied but remaining orders and the consent decree remained in effect.
2016 Case is ongoing

Shaded area indicates period of analysis for study