US Court of Federal Claims
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HAZELHURST et al v. The Secretary of Health and Human Services Assigned to: Unassigned Referred to: Special Master Patricia E. Campbell-Smith Demand: $0 Cause: 42:300 Vaccine Injury Act |
Date Filed: 03/26/2003 Jury Demand: None Nature of Suit: 469 Injury - Other Jurisdiction: U.S. Government Defendant |
| Petitioner | ||
|
ROLF HAZELHURST and |
represented by | Curtis R. Webb
Webb, Webb & Guerry 155 Second Avenue North P.O. Box 1768 Twin Falls, ID 83303-1768 208 734-1616 Email: crwebb@mindspring.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Petitioner | ||
|
ANGELA HAZELHURST parents of |
represented by | Curtis R. Webb
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Petitioner | ||
|
WILLIAM YATES HAZELHURST a minor |
represented by | Curtis R. Webb
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Respondent | ||
| SECRETARY OF HEALTH AND HUMAN SERVICES | represented by | 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: 11/14/2003 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 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed |
# | Docket Text |
| 03/26/2003 | 1 | PETITION against The Secretary of Health and Human Services ( Filing fee $150, Receipt number 056784) , filed by ANGELA HAZELHURST, ROLF HAZELHURST, WILLIAM YATES HAZELHURST.Respondents Report Due by 6/24/2003.(jmm, ) Modified on 3/27/2003 (jmm, ). (Entered: 03/27/2003) |
| 04/10/2003 | 2 | NOTICE of Appearance by Gregory William Fortsch for The Secretary of Health and Human Services. Service: 4/10/03.(jat, ) (Entered: 04/16/2003) |
| 04/16/2003 | 3 | Notice Regarding Omnibus Autism Proceeding. Signed by Special Master George L. Hastings. (jat, ) (Entered: 04/21/2003) |
| 06/23/2003 | 4 | Respondent's Report by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 06/23/03. (jmm, ) (Entered: 06/30/2003) |
| 11/14/2003 | 5 | NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/14/03.(jat, ) (Entered: 12/05/2003) |
| 11/17/2003 | 6 | NOTICE of Position on Short Form Petitons by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/17/03.(jat, ) (Entered: 12/08/2003) |
| 11/26/2003 | 7 | ORDER re: the statutory 240-day time period for the special master's issuance of a decision in this case has expired. Accordingly, upon petitioner's motion, proceedings are hereby formally suspended--and, thus, the final "due date" for the special master's decision is formally suspended--for an indefinite period of time, but for no longer than 180 days. Signed by Special Master George L. Hastings. (jmm, ) (Entered: 12/16/2003) |
| 05/21/2004 | 8 | ORDER re: the statutory 420-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. (tjk, ) (Entered: 05/21/2004) |
| 06/24/2004 | 9 | NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 6/22/04.(tjk, ) (Entered: 06/28/2004) |
| 06/01/2007 | 10 | ORDER : Pursuant to Vaccine Rule (3), case is reassigned to Special Master Patricia Campbel-Smith. Signed by Special Master Gary J. Golkiewicz. (Neal, Alonzo) (Entered: 06/01/2007) |
| 06/01/2007 | Case reassigned to Special Master Patricia E. Campbell-Smith. Special Master George L. Hastings no longer assigned to the case. (dls) (Entered: 06/11/2007) | |
| 06/04/2007 | 11 | SCHEDULING ORDER: Status Conference set for 6/5/2007 01:30 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo) (Entered: 06/04/2007) |
| 06/08/2007 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 6/5/2007 from 1:30 until 2:50 PM. Mr. Curtis Webb represented petitioner and Ms. Linda Renzi represented respondent. Amy Kokot, Brandon Boxler and Patrick Rooney, paralegals in respondent's office, also sat in on the call. (cc2, ) (Entered: 06/08/2007) | |
| 06/08/2007 | 12 | MEDICAL RECORDS [Exhibit(s) #1-9] filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 6/5/07.(Neal, Alonzo) (Entered: 06/11/2007) |
| 06/11/2007 | 13 | SCHEDULING ORDER: Status Conference set for 7/12/2007 02:00 PM in Chambers (Telephonic) before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo) (Entered: 06/12/2007) |
| 06/14/2007 | 14 | AMENDED PETITION re: [1] Petition, filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 6/14/07.(tjk, ) (Entered: 06/18/2007) |
| 07/06/2007 | 15 | SCHEDULING ORDER: Petitioner's counsel's oral motion for an enlargement of time to file the Expert Report is GRANTED. Expert Report due by 7/16/2007. Telephonic Status Conference set for 7/12/2007 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) (Entered: 07/06/2007) |
| 07/16/2007 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 7/12/2007 from 1:30 until 2:25 PM. Mr. Curtis Webb represented petitioner and Ms. Linda Renzi represented respondent. The parties discussed scheduling logistics for the upcoming hearing in October. (cc2, ) (Entered: 07/16/2007) | |
| 07/18/2007 | 16 | NOTICE OF FILING: EXPERT REPORT of Jean-Ronel Corbier, M.D. and CV (Ex. no. 26-27) filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 7/17/07.(tjk, ) (Entered: 07/20/2007) |
| 07/18/2007 | 17 | SCHEDULING ORDER: Petitioner orally requested an extension of time to file his Expert Report. That motion is hereby GRANTED. Expert Report due by 7/18/2007. Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) (Entered: 07/20/2007) |
| 07/18/2007 | 18 | SCHEDULING ORDER: As discussed at the 7/12/07 status conference: Petitioners shall file Dr. Corbier's Expert Report by 7/16/07; petitioners shall file their designation of the evidence from the OAP in the form of a Status Report due by 7/20/07; Respondent shall file its designation of the evidence from the OAP due by 8/06/07. As soon as reasonably practicable: Respondent shall clarify consent of the filing of expert reports in Cedillo into the OAP docket; Petitioners' counsel shall file a Status Report regarding disclosure of this case as the second test case on the causation theory of OAP and shall indicate which of their current filings may be filed into OAP. Telephonic Status Conference set for 8/9/2007 01:30 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) (Entered: 07/22/2007) |
| 07/19/2007 | 19 | NOTICE OF FILING [Exhibit(s) #10-25, 2 volumes] filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 7/16/07.(tjk, ) (Entered: 07/23/2007) |
| 07/26/2007 | 20 | STATUS REPORT, filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 7/23/07.(tjk, ) (Entered: 07/31/2007) |
| 08/06/2007 | 21 | STATUS REPORT, filed by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 8/6/07.(Neal, Alonzo) (Entered: 08/08/2007) |
| 08/20/2007 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 8/9/2007 from 2:30 until 3:30 PM. Mr. Curtis Webb represented petitioner and Ms. Linda Renzi represented respondent. The parties addressed several issues regarding the October hearing in Charlotte, North Carolina. (cc2, ) (Entered: 08/20/2007) | |
| 08/20/2007 | 22 | SCHEDULING ORDER: Petitioners' counsel shall file his motion, if any, challenging Dr. Bustin's testimony regarding PCR testing by 8/28/07. Respondent shall respond to petitioner's motion to challenging Dr.Bustin's testimony by 9/18/07. Expert Report due by 9/19/2007.Notice of Compliance due by 8/17/2007. Status Conference set for 8/28/2007 03:30 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo) (Entered: 08/20/2007) |
| 08/29/2007 | Minute Entry for proceedings held before Special Master Patricia E. Campbell-Smith : A telephonic Status Conference was held on 8/28/2007 from 3:30 until 4:00 PM. Mr. Curtis Webb represented petitioner and Ms. Lynn Ricciardella represented respondent. The parties addressed issues pertaining to the upcoming hearing in Charlotte, NC in October 2007. (cc2, ) (Entered: 08/29/2007) | |
| 08/30/2007 | 23 | SCHEDULING ORDER: The undersigned deems the request an unopposed oral motion, and the motion is GRANTED. Petitioners Motion(s) due by 8/31/2007.Respondent shall Respond to petitioner's motion by 9/18/2007. Respondent Expert Report due by 9/19/2007.Status Conference set for 9/10/2007 02:00 PM before Special Master Patricia E. Campbell-Smith. Signed by Special Master Patricia E. Campbell-Smith. (Neal, Alonzo) (Entered: 08/31/2007) |
| 09/04/2007 | 24 | MOTION to Strike Certain Evidence from Dr. Steven A. Bustin, pursuant to the [23] Scheduling Order,, filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 8/31/07.Response due by 9/17/2007. (tjk, ) (Entered: 09/04/2007) |
| 09/07/2007 | 26 | NOTICE OF FILING Petitioners Exhibit Nos. 28 -15, Family Videos 2/11/00-4/7/06 by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 9/6/07.(Neal, Alonzo) (Entered: 09/10/2007) |
| 09/12/2007 | 27 | SCHEDULING ORDER: As discussed in the status conference held on 9/10/07: As soon as reasonably practicable, petitioners' counsel shall file his motion to subpoena the materials from Dr. Buie's laboratory. On or before 9/18/07, respondent shall respond to petitioners' motion to challenging Dr. Bustin's testimony; Respondent shall file it's own expert reports in this matter due by 9/19/07; status conference is scheduled for 9/20/07, at 4:00 PM (EST), as soon as reasonably practicable, the parties shall file the designations with respect to the Halzelhursts' videotapes; as soon as reasonably practicable, petitioners' counsel shall produce to respondent the tissue samples from Yates biopsies and colonoscopies. Since the conduct of the last status conference, the undersigned has learned that the hearing in Hazelhurst will be held at : Courtroom 6330, North Carolina Superior Court for Mecklenberg County, 832 East Fourth Street, Charlotte, NC 28202. Signed by Special Master Patricia E. Campbell-Smith. (tjk, ) (Entered: 09/12/2007) |
