Paul W. Poling v. HHS - other (2014)
Case summary [AI summaries can sometimes make mistakes]
Paul W. Poling filed a petition on December 19, 2011, seeking compensation under the National Vaccine Injury Compensation Program.
A damages decision was issued by a former Special Master on November 1, 2013, based on a stipulation between the parties. The details of this damages decision and the compensation amount awarded are not available in the public record.
On July 23, 2014, counsel for both Paul W. Poling and the Secretary of Health and Human Services filed a joint stipulation regarding attorneys' fees and costs.
Petitioner's counsel, Janet D. Callahan of Hancock & Estabrook, LLP, sought a lump sum of $25,000.00, payable jointly to the petitioner and counsel.
The respondent did not object to this amount. Petitioner also filed a statement indicating he had incurred no reimbursable costs.
Special Master Brian H. Corcoran reviewed the stipulation for attorneys' fees and costs.
Although the fee application was filed approximately three weeks after the deadline, Special Master Corcoran found good cause to excuse the untimely filing. He approved the requested amount of $25,000.00 as reasonable and ordered that judgment be entered accordingly, payable jointly to Paul W.
Poling and Janet D. Callahan.
The public decision does not describe the specific vaccine(s) administered, the date(s) of vaccination, the alleged condition, the clinical story, or the theory of causation for the injury.
Theory of causation
The public record for this case does not describe the theory of causation. The available text focuses solely on the award of attorneys' fees and costs. A damages decision was issued on November 1, 2013, by a former Special Master based on a stipulation, but its details are not in the public record. On July 23, 2014, Special Master Brian H. Corcoran approved a stipulation for attorneys' fees and costs in the amount of $25,000.00, payable jointly to petitioner Paul W. Poling and his counsel, Janet D. Callahan of Hancock & Estabrook, LLP. Special Master Corcoran excused the untimely filing of the fee application, finding good cause. Petitioner's counsel was Janet D. Callahan, and respondent's counsel was Glenn A. MacLeod. The decision date for the fees was August 21, 2014.
Source PDFs
USCOURTS-cofc-1_11-vv-00887