AUTISM, ECF

US Court of Federal Claims
United States Court of Federal Claims (COFC)
CIVIL DOCKET FOR CASE #: 1:02-vv-01466-UNJ


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 byClifford 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 byClifford John Shoemaker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Petitioner
JON POLING represented byClifford John Shoemaker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Respondent
SECRETARY OF HEALTH AND HUMAN SERVICES represented byCatharine 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

10/25/20021PETITION 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)
10/25/20022NOTICE 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)
11/06/20023NOTICE, re: Omnibus autism proceeding (signed by Special Master George L. Hastings Jr.). Copy to parties. (LTD) (Entered: 11/12/2002)
11/14/20024NOTICE of Attorney Appearance for HHS by Gregory William Fortsch. Service: 11/14/02l. (LTD) (Entered: 11/18/2002)
01/21/20035RESPONDENT'S REPORT. Service: 1/21/03. (LTD) (Entered: 01/25/2003)
06/02/20036 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)
06/26/20037ORDER 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)
12/29/20038ORDER 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)
08/13/20049NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/13/04.(tjk,) (Entered: 08/18/2004)
12/02/200510 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)
12/02/200511 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)
12/16/200512ORDER granting [11] Motion for leave to file electronically Signed by Special Master George L. Hastings. (tjk,) (Entered: 12/19/2005)
12/16/200513NOTICE of Designation of Electronic Case. (tjk,) (Entered: 12/19/2005)
12/16/200514ORDER granting [10] Motion to Issue Subpoena Signed by Special Master George L. Hastings. (tjk,) (Entered: 12/20/2005)
01/26/200715ORDER 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)
08/31/200716NOTICE 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)
11/09/200717Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Renzi, Linda) (Entered: 11/09/2007)
11/14/200718SCHEDULING 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)
11/21/200719NOTICE of Appearance by Lisa Ann Watts for SECRETARY OF HEALTH AND HUMAN SERVICES.. (Watts, Lisa) (Entered: 11/21/2007)
11/28/200720SCHEDULING 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)
12/10/200721SCHEDULING 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)
12/11/200722EXPERT REPORT of Mark Geier, MD (Ex. no. 61) filed by TERRY POLING. (Attachments: # (1) Index# (2) Exhibit EXH61)(Shoemaker, Clifford) (Entered: 12/11/2007)
12/12/200723SCHEDULING 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)
12/13/200724EXPERT REPORT of Andrew Zimmerma, MD (Ex. no. 60) filed by TERRY POLING. (Attachments: # (1) Index# (2) Exhibit EXH60)(Shoemaker, Clifford) (Entered: 12/13/2007)
12/14/200725STATUS REPORT re deferring filing expert reports unless needed for attorney's fees, filed by TERRY POLING. (Shoemaker, Clifford) (Entered: 12/14/2007)
12/21/200726SCHEDULING 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)
02/21/200827Amended Respondent's Report, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Watts, Lisa) (Entered: 02/21/2008)
02/28/200828NOTICE 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)
02/28/200829ORDER. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 02/28/2008)
03/03/200830NOTICE, 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)
03/03/200831ORDER.Notice of Compliance due by 3/4/2008. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/03/2008)
03/04/200832 MOTION for leave to disclose, filed by HANNAH POLING.Response due by 3/21/2008. (Shoemaker, Clifford) (Entered: 03/04/2008)
03/04/200833 MOTION for complete transparency, filed by HANNAH POLING.Response due by 3/21/2008. (Shoemaker, Clifford) (Entered: 03/04/2008)
03/05/200834ORDER 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)
03/06/200835ORDER 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)
03/12/200836SCHEDULING 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)
03/17/200837NOTICE 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)
03/17/200838SCHEDULING 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)
03/17/200839NOTICE 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)
03/20/200840ORDER. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 03/20/2008)
03/21/200841RESPONSE 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)
03/24/200842REPLY to Response to Motion re [33] MOTION for complete transparency, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 03/24/2008)
03/26/200843NOTICE 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)
03/26/200844SCHEDULING 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)
04/02/200845SUR-REPLY re [33] MOTION for complete transparency, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. (Reeves, Catharine) (Entered: 04/02/2008)
04/04/200846STATUS 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)
04/08/200847SUR-REPLY re [33] MOTION for complete transparency, filed by HANNAH POLING. (Shoemaker, Clifford) (Entered: 04/08/2008)
04/10/200848ORDER deferring ruling on [33] Motion for complete transparency. Signed by Special Master Patricia E. Campbell-Smith. (cc2,) (Entered: 04/10/2008)
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