AUTISM

US Court of Federal Claims
United States Court of Federal Claims (COFC)
CIVIL DOCKET FOR CASE #: 1:03-vv-00654-UNJ


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 byCurtis 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 byCurtis R. Webb
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Petitioner
WILLIAM YATES HAZELHURST
a minor
represented byCurtis R. Webb
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Respondent
SECRETARY OF HEALTH AND HUMAN SERVICES represented byGregory 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

03/26/20031PETITION 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)
04/10/20032NOTICE of Appearance by Gregory William Fortsch for The Secretary of Health and Human Services. Service: 4/10/03.(jat, ) (Entered: 04/16/2003)
04/16/20033Notice Regarding Omnibus Autism Proceeding. Signed by Special Master George L. Hastings. (jat, ) (Entered: 04/21/2003)
06/23/20034Respondent's Report by SECRETARY OF HEALTH AND HUMAN SERVICES.Service: 06/23/03. (jmm, ) (Entered: 06/30/2003)
11/14/20035NOTICE of Appearance by Linda Sara Renzi for SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/14/03.(jat, ) (Entered: 12/05/2003)
11/17/20036NOTICE of Position on Short Form Petitons by SECRETARY OF HEALTH AND HUMAN SERVICES. Service: 11/17/03.(jat, ) (Entered: 12/08/2003)
11/26/20037ORDER 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)
05/21/20048ORDER 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)
06/24/20049NOTICE OF INTENT to Remain in the Program by Petitioner. Service: 6/22/04.(tjk, ) (Entered: 06/28/2004)
06/01/200710ORDER : 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)
06/04/200711SCHEDULING 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)
06/08/200712MEDICAL RECORDS [Exhibit(s) #1-9] filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 6/5/07.(Neal, Alonzo) (Entered: 06/11/2007)
06/11/200713SCHEDULING 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)
06/14/200714AMENDED PETITION re: [1] Petition, filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 6/14/07.(tjk, ) (Entered: 06/18/2007)
07/06/200715SCHEDULING 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)
07/18/200716NOTICE 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)
07/18/200717SCHEDULING 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)
07/18/200718SCHEDULING 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)
07/19/200719NOTICE 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)
07/26/200720STATUS REPORT, filed by ROLF HAZELHURST, ANGELA HAZELHURST, WILLIAM YATES HAZELHURST. Service: 7/23/07.(tjk, ) (Entered: 07/31/2007)
08/06/200721STATUS 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)
08/20/200722SCHEDULING 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)
08/30/200723SCHEDULING 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)
09/04/200724 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)
09/07/200726NOTICE 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)
09/12/200727SCHEDULING 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)
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