In a previous post, I commented (erroneously) that the HHS conceded the Hannah Poling case based on the expert reports and didn’t have the medical records. This was noted to be incorrect in a comment, and I appreciate the accurate information.
I apologize for taking so long to make the acknowledgment of the mistake more obvious (I had noted it in the comments).
The Docket shows that the expert reports were filed in December of 2007, 12/11/2007 and 12/13/2007. This is more than a month after the “Respondent’s Report” on 11/9/2007 (which I assume to be the concession).
In searching for those entries, I found a strange entry in the docket. Item 25, dated 12/14/2007 states
STATUS REPORT re deferring filing expert reports unless needed for attorney’s fees, filed by TERRY POLING. (Shoemaker, Clifford) (Entered: 12/14/2007)
I can see two meanings for this, and both are confusing to me (so are likely incorrect):
1) This is a status report requesting that the expert reports not be filed unless needed for the fee determination. But, they were already added to the docket. Would that mean that they would be pulled from the docket?
2) This is a status report on a previously entered request to defer filing the expert reports. In other words, a request was made previously and this is basically a statement noting that the previous request is no longer valid.
There are probably other explanations. The above are just speculations. Well, the comment that this entry seems strange to this reader isn’t a speculation, but you get the point, I hope.
Left Brain Right Brain 
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