US Court of Federal Claims
|
POLING, et al v. HHS Assigned to: Unassigned Referred to: Special Master Patricia E. Campbell-Smith Demand: $0 Cause: 42:300 Vaccine Injury Act |
Date Filed: 10/25/2002 Nature of Suit: 469 Injury - Other Jurisdiction: U.S. Government Defendant |
| Petitioner | ||
|
HANNAH POLING a minor, by her Parents and Natural Guardians |
represented by | Clifford John Shoemaker
Shoemaker and Associates 9711 Meadowlark Road Vienna, VA 22182-1951 703 281-6395 Fax: 703 281-5807 Email: cliff@attorneyaccess.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Petitioner | ||
|
TERRY POLING AND |
represented by | Clifford John Shoemaker
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Petitioner | ||
| JON POLING | represented by | Clifford John Shoemaker
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Respondent | ||
| SECRETARY OF HEALTH AND HUMAN SERVICES | represented by | Catharine Elizabeth Reeves
U. S. Department of Justice Vaccine/Torts Branch, Civil Division P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 (202) 307-1400 Fax: (202) 616-4310 Email: catharine.reeves@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Gregory William Fortsch U. S. Department of Justice Vaccine/Torts Branch, Civil Division P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 (202) 616-4122 TERMINATED: 08/13/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED Linda Sara Renzi U. S. Department of Justice Vaccine/Torts Branch, Civil Division P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 (202) 616-4133 Email: linda.renzi@usdoj.gov TERMINATED: 11/28/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED Lisa Ann Watts U. S. Department of Justice Vaccine/Torts Branch, Civil Division P.O. Box 146 Ben Franklin Station Washington, DC 20044-0146 (202) 616-4099 Email: lisa.a.watts@usdoj.gov TERMINATED: 02/28/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed | # | Docket Text |
| 10/25/2002 | 1 | PETITION by HANNAH POLING, TERRY POLING and JON POLING, FILING FEE $150, RECEIPT #055184 (Respondent's report due 1/23/03). (FE) (Entered: 10/25/2002) |
| 10/25/2002 | 2 | NOTICE OF assignment to Special Master George L. Hastings Jr. . Copy to parties. (FE) (Entered: 10/25/2002) |
| 10/25/2002 | CASE assigned to Judge Unassigned. (FE) (Entered: 10/25/2002) | |
| 11/06/2002 | 3 | NOTICE, re: Omnibus autism proceeding (signed by Special Master George L. Hastings Jr.). Copy to parties. (LTD) (Entered: 11/12/2002) |
| 11/14/2002 | 4 | NOTICE of Attorney Appearance for HHS by Gregory William Fortsch. Service: 11/14/02l. (LTD) (Entered: 11/18/2002) |
| 01/21/2003 | 5 | RESPONDENT'S REPORT. Service: 1/21/03. (LTD) (Entered: 01/25/2003) |
| 06/02/2003 | 6 | MOTION for appropriate relief by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 6/2/03. Response due by 6/19/2003 (jat,) (Entered: 06/06/2003) |
| 06/26/2003 | 7 | ORDER re: the statutory 240-day 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 George L. Hastings. (jmm,) (Entered: 06/29/2003) |
| 12/29/2003 | 8 | ORDER denying [6] Motion Appropriate Relief. The statutory 420-day time period for the special master's issuance of a decision has expired. This Notice serves as the notice required by 42 U.S.C. & 300aa-12(g)(1). Concerning the issue of a response by the petitioners to this Notice, that statute provides, at 42 U.S.C. & 300aa-21(b), that a petitioner "may submit to the United States Court of Federal Claims a notice in writing choosing to continue or to withdraw the petition" and that "[s]uch a notice shall be filed within 30 days of the provision of the notice required by section 300aa-12(g)." Signed by Special Master George L. Hastings. (tjk,) (Entered: 01/15/2004) |
| 08/13/2004 | 9 | NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/13/04.(tjk,) (Entered: 08/18/2004) |
| 12/02/2005 | 10 | MOTION to Issue Subpoena , filed by HANNAH POLING, TERRY POLING, JON POLING. Service: 12/02/05 by hand. Response due by 12/16/2005. (tjk,) (Entered: 12/07/2005) |
| 12/02/2005 | 11 | MOTION for leave to file electronically , filed by HANNAH POLING, TERRY POLING, JON POLING. Service: 12/02/05 by hand. Response due by 12/16/2005. (tjk,) (Entered: 12/07/2005) |
| 12/16/2005 | 12 | ORDER granting [11] Motion for leave to file electronically Signed by Special Master George L. Hastings. (tjk,) (Entered: 12/19/2005) |
| 12/16/2005 | 13 | NOTICE of Designation of Electronic Case. (tjk,) (Entered: 12/19/2005) |
| 12/16/2005 | 14 | ORDER granting [10] Motion to Issue Subpoena Signed by Special Master George L. Hastings. (tjk,) (Entered: 12/20/2005) |
| 01/26/2007 | 15 | ORDER REASSIGNING CASE: For the reasons set forth in my "Notice Regarding Reassignment," which was posted on this court's website on January 11, 2007, the above case is hereby reassigned to Special Master Patricia Campbell-Smith. Signed by Special Master Gary J. Golkiewicz. (dc1,) (Entered: 01/26/2007) |
| 08/31/2007 | 16 | NOTICE OF FILING on Compact Disc pursuant to Vaccine General Order #12 filed by TERRY POLING.Compact Disc due by 9/10/2007. (Attachments: # (1) Table of Contents)(Shoemaker, Clifford) (Entered: 08/31/2007) |
| 09/13/2007 | Compact Disc Received by the Clerk's Office re [16] Notice of Filing on Compact Disc. (tjk,) (Entered: 09/17/2007) | |
| 11/09/2007 | 17 | Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Renzi, Linda) (Entered: 11/09/2007) |
| 11/14/2007 | 18 | SCHEDULING ORDER: On or before 11/30/2007, the parties shall contact the undersigned's chambers and propose three dates and times for the next status conference in this matter to discuss further proceedings to address damages. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 11/14/2007) |
| 11/21/2007 | NOTICE of Appearance by Lisa Ann Watts for SECRETARY OF HEALTH AND HUMAN SERVICES.. (Watts, Lisa) (Entered: 11/21/2007) | |
| 11/28/2007 | 20 | SCHEDULING ORDER: Scheduling Conference set for 12/11/2007 at 11:30 AM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 11/28/2007) |
| 11/28/2007 | *** Attorney Linda Sara Renzi terminated. (tjk,) (Entered: 11/28/2007) | |
| 12/10/2007 | 21 | SCHEDULING ORDER: Status Conference set for 12/13/2007 at 03:00 PM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 12/10/2007) |
| 12/11/2007 | 22 | EXPERT REPORT of Mark Geier, MD (Ex. no. 61) filed by TERRY POLING. (Attachments: # (1) Index# (2) Exhibit EXH61)(Shoemaker, Clifford) (Entered: 12/11/2007) |
| 12/12/2007 | 23 | SCHEDULING ORDER: Status Conference set for 12/13/2007 at 02:30 PM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 12/12/2007) |
| 12/13/2007 | 24 | EXPERT REPORT of Andrew Zimmerma, MD (Ex. no. 60) filed by TERRY POLING. (Attachments: # (1) Index# (2) Exhibit EXH60)(Shoemaker, Clifford) (Entered: 12/13/2007) |
| 12/14/2007 | 25 | STATUS REPORT re deferring filing expert reports unless needed for attorney's fees, filed by TERRY POLING. (Shoemaker, Clifford) (Entered: 12/14/2007) |
| 12/21/2007 | 26 | SCHEDULING ORDER: On or before 12/21/2007, petitioners' counsel shall file Dr. Zimmerman's report as Ex. 60. On or before 12/21/2007, petitioners' counsel shall file a status report. On or before 2/22/2008, respondent's counsel shall file a status report. (Signed by Special Master Patricia E. Campbell-Smith.)(mlp,) (Entered: 12/21/2007) |
| 12/27/2007 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephone status conference was held on 12/13/2007 from 2:30 until 3:00 PM. Mr. Clifford Shoemaker and Ms. Renee Gentry represented petitioner and Ms. Lisa Watts represented respondent. (cc2,) (Entered: 12/27/2007) | |
| 02/21/2008 | 27 | Amended Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Watts, Lisa) (Entered: 02/21/2008) |
| 02/28/2008 | 28 | NOTICE of Appearance by Catharine Elizabeth Reeves for SECRETARY OF HEALTH AND HUMAN SERVICES.. (Reeves, Catharine) (Entered: 02/28/2008) |
| 02/28/2008 | *** Attorney Lisa Ann Watts terminated. (tjk,) (Entered: 02/28/2008) | |
| 02/28/2008 | 29 | ORDER. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 02/28/2008) |
| 03/03/2008 | 30 | NOTICE, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 03/03/2008) |
| 03/03/2008 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic status conference was held on 3/3/08 from 4:15 until 5:30 PM. Mr. Clifford Shoemaker represented petitioners and Tom Powers assisted as co-counsel and Mr. Vincent Matanoski and Ms. Catharine Reeves represented respondent. (cc2,) (Entered: 03/03/2008) | |
| 03/03/2008 | 31 | ORDER.Notice of Compliance due by 3/4/2008. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/03/2008) |
| 03/04/2008 | 32 | MOTION for leave to disclose, filed by HANNAH POLING.Response due by 3/21/2008. (Shoemaker, Clifford) (Entered: 03/04/2008) |
| 03/04/2008 | 33 | MOTION for complete transparency, filed by HANNAH POLING.Response due by 3/21/2008. (Shoemaker, Clifford) (Entered: 03/04/2008) |
| 03/05/2008 | 34 | ORDER granting [32] Motion for leave to disclose case-specific facts to the Petitioners' Steering Committee. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/05/2008) |
| 03/06/2008 | 35 | ORDER to proceed to a damages determination. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/06/2008) |
| 03/06/2008 | Set Deadlines/Hearings: Status Conference set for 3/7/2008 02:30 PM before Special Master Patricia E. Campbell-Smith. (tjk,) (Entered: 03/07/2008) | |
| 03/11/2008 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephone Status Conference was held on 3/7/2008 from 3:15 until 3:35 PM. Mr. Clifford Shoemaker, Ms. Renee Gentry and Mr. Tom Powers represented petitioners and Ms. Catharine Reeves and Mr. Vince Matanoski represented respondent. (cc2,) (Entered: 03/11/2008) | |
| 03/12/2008 | 36 | SCHEDULING ORDER: Joint Status Report pertaining to the parties' progress toward a damages determination due by 4/25/2008. Respondent's Response to petitioners' counsel's pending motion due by 3/21/2008. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/12/2008) |
| 03/17/2008 | 37 | NOTICE OF FILING by SECRETARY OF HEALTH AND HUMAN SERVICES. (Attachments: # (1) Tab A# (2) Tab B# (3) Tab C)(Reeves, Catharine) (Entered: 03/17/2008) |
| 03/17/2008 | 38 | SCHEDULING ORDER: Status Conference set for 3/17/2008 at 02:30 PM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/17/2008) |
| 03/17/2008 | 39 | NOTICE OF FILING status of negotiations by HANNAH POLING. (Attachments: # (1) Tab 1# (2) Tab 2# (3) Tab 3# (4) Tab 4)(Shoemaker, Clifford) (Entered: 03/17/2008) |
| 03/20/2008 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 3/17/2008 from 2:30 untiln 3:00 PM. Mr. Clifford Shoemaker represented petitioner and Mr. Vince Matanoski represented respodent. (cc2,) (Entered: 03/20/2008) | |
| 03/20/2008 | 40 | ORDER. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/20/2008) |
| 03/21/2008 | 41 | RESPONSE to [33] MOTION for complete transparency, filed by SECRETARY OF HEALTH AND HUMAN SERVICES.Reply due by 4/4/2008. (Reeves, Catharine) (Entered: 03/21/2008) |
| 03/24/2008 | 42 | REPLY to Response to Motion re [33] MOTION for complete transparency, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 03/24/2008) |
| 03/26/2008 | 43 | NOTICE OF FILING on Compact Disc pursuant to Vaccine General Order #12 filed by TERRY POLING.Compact Disc due by 3/31/2008. (Attachments: # (1) Index)(Shoemaker, Clifford) (Entered: 03/26/2008) |
| 03/26/2008 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephone Status Conference was held on 3/25/2008 from 3:45 until 4:15 PM. Mr. Clifford Shoemaker represented petitioner and Mr. Vincent Matanoski, Ms. Catharine Reeves and Ms. Lynn Ricciardella represented respondent. (cc2,) (Entered: 03/26/2008) | |
| 03/26/2008 | 44 | SCHEDULING ORDER: Respondent's sur-reply due by 4/2/2008. Petitioners' Status Report due by 4/4/2008. Petitioners' response, if any shall be filed by 4/9/2008. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/26/2008) |
| 04/02/2008 | 45 | SUR-REPLY re [33] MOTION for complete transparency, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Reeves, Catharine) (Entered: 04/02/2008) |
| 04/04/2008 | 46 | STATUS REPORT, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 04/04/2008) |
| 04/08/2008 | Compact Disc Received by the Clerk's Office re [43] Notice of Filing on Compact Disc. (Neal, Alonzo) (Entered: 04/08/2008) | |
| 04/08/2008 | 47 | SUR-REPLY re [33] MOTION for complete transparency, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 04/08/2008) |
| 04/10/2008 | 48 | ORDER deferring ruling on [33] Motion for complete transparency. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 04/10/2008) |
