Simms et al v. The United States of America et al
| Misty Simms and Caelan Jantuah |
| The United States of America, Richard Booth, Valley Health Systems, Inc. and The U.S. Department of Health and Human Services |
| 3:2011cv00932 |
| November 21, 2011 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Wayne |
| Robert C. Chambers |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
290
MEMORANDUM OPINION AND ORDER pursuant to the collateral source hearing held in this matter on 7/11/2017; finding that Defendant does not meet the standard to justify an immediate offset for past or future medical expenses and rejecting the request to order a reversionary trust. Signed by Judge Robert C. Chambers on 8/3/2017. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
205
MEMORANDUM OPINION AND ORDER directing the parties to confer and to inform the Court as to how $1,042,067 of this total cost, representing the amount of Caelan's past medical bills paid by Medicaid, will be paid to the West Virginia Departm ent of Health and Human Resources in accordance with Section 9-5-11 of the West Virginia Code; further awarding Plaintiff $8,683,196 the present value of Caelan's life care plan; awarding Plaintiff $641,544 in noneconomic damages and $175,526 in lost income; the total amount of damages awarded to Plaintiff is $12,116,165. Signed by Judge Robert C. Chambers on 5/29/2015. (cc: attys; any unrepresented parties) (mkw)
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Filing
183
MEMORANDUM OPINION AND ORDER directing Plaintiffs file any supplemental motions by 1/7/2015; Responses to Plaintiffs' 175 MOTION in Limine No. 7 to Exclude the Testimony of Defendant's Life Expectancy Expert Dr. Holmes, 176 MOTION in L imine No. 8 to Exclude Evidence from Defendant's Expert Witness; Shelene Giles and 177 MOTION in Limine No. 9 to Exclude Evidence from Defendant's Expert Witness; M Brookshire due by 1/19/2015, with any replies due by 1/22/2015; denying w ithout prejudice Plaintiffs' 119 MOTION in Limine No. 1 to Exclude Evidence of Collateral Source Payments and Benefits and 120 MOTION in Limine No. 2 to Exclude Evidence of Collateral Source Payments and Benefits for Future Services/"O ffset" and to Exclude Evidence or Argument Concerning Reversionary Trust Mechanisms; granting Plaintiffs' 127 MOTION for Partial Summary Judgment on the Issue of Set Off of Damages. Signed by Judge Robert C. Chambers on 1/8/2015. (cc: attys; any unrepresented parties) (mkw)
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Filing
172
MEMORANDUM OPINION AND ORDER taking under advisement 119 MOTION by Caelan Jantuah, Misty Simms in Limine No. 1 to Exclude Evidence of Collateral Source Payments and Benefits and 120 MOTION in Limine No. 2 to Exclude Evidence of Collateral Sour ce Payments and Benefits for Future Services/"Offset" and to Exclude Evidence or Argument Concerning Reversionary Trust Mechanisms; denying without prejudice 121 MOTION by Caelan Jantuah, Misty Simms in Limine No. 4 to Exclude Expert Tes timony of Dr. Booth Concerning Standard of Care and 123 MOTION in Limine No. 6 to Exclude Expert Testimony of Dr. Richard Booth in Accordance with Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 588 (1993); denying as withdrawn 122 M OTION by Caelan Jantuah, Misty Simms in Limine No. 5 to Exclude Certain Testimony by Karen Bonham for Lack of Personal Knowledge; denying 124 MOTION by The United States of America for Partial Summary Judgment; taking under advisement 127 MOTI ON by Caelan Jantuah, Misty Simms for Partial Summary Judgment On the Issue of Set Off of Damages; granting in part 129 MOTION by Caelan Jantuah, Misty Simms for Summary Judgment on Liability. Signed by Judge Robert C. Chambers on 12/17/2014. (cc: attys; any unrepresented parties) (mkw)
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Filing
56
MEMORANDUM OPINION AND ORDER denying Plaintiffs' 37 MOTION to Amend Complaint. Signed by Judge Robert C. Chambers on 12/11/2013. (cc: attys; any unrepresented parties) (mkw)
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