POLSBY v. SHALALA

Civil Action No. DKC 88-2344.

925 F.Supp. 379 (1996)

M. Maureen POLSBY, M.D. v. Donna E. SHALALA, Secretary Department of Health and Human Services.

United States District Court, D. Maryland.

March 28, 1996.


Attorney(s) appearing for the Case

David Andrew Crichlow, Washington, DC, Frederick A. Brodie, Winthrop, Stimson, Putnam & Roberts, New York City, James L. Gallagher, Winthrop, Stimson, Putnam & Roberts, Washington, DC, for Polsby.

Lynne A. Battaglia, Office of the U.S. Attorney, Baltimore, MD, Richard D. Bennett, Miles and Stockbridge, Baltimore, MD, Timothy M. White, Department of Health & Human Services, Office of the General Counsel, Washington, DC, Larry D. Adams, U.S. Attorney's Office, Greenbelt, MD, Kathleen McDermott, Office of the U.S. Attorney, Baltimore, MD, Roann Nichols, Office of the U.S. Attorney, Baltimore, MD, Elizabeth Jordan Gianturco, Office of the General Counsel, HHS, Washington, DC, for Thomas Chase, Irwin J. Koplin, Mark Hallett, Daniel R. Weinberger, Giovanni Di Chiro, James B. Wyngaarden and Richard E. Carson.

Lynne A. Battaglia, Office of the U.S. Attorney, Baltimore, MD, Richard D. Bennett, Miles and Stockbridge, Baltimore, MD, Timothy M. White, Department of Health & Human Services, Office of the General Counsel, Washington, DC, Larry D. Adams, U.S. Attorney's Office, Greenbelt, MD, Kathleen McDermott, Office of the U.S. Attorney, Baltimore, MD, Roann Nichols, Office of the U.S. Attorney, Baltimore, MD, for Marinos Dalakas, Murray Goldstein.

Lynne A. Battaglia, Office of the U.S. Attorney, Baltimore, MD, Larry D. Adams, U.S. Attorney's Office, Greenbelt, MD, Kathleen McDermott, Office of the U.S. Attorney, Baltimore, MD, Roann Nichols, Office of the U.S. Attorney, Baltimore, MD, for Donna Shalala.


MEMORANDUM OPINION

CHASANOW, District Judge.

It is difficult under any circumstances to try a case based on events more than a decade old. Differences often occur in perception when two people observe the same event. The normal frailty of human memory heightens the chance that descriptions by two witnesses will differ, particularly when the event is recalled months or years later. The filtering of recollection through the prism of subsequent events...

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