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RE: A Friend of Mind Just Got a Letter From US Court of Fed Claims

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Isn't it a 3-year statute of limitations? So how could 3-year olds have

passed that limit? And if the parents are being told it's a dead case,

why does HHS need their medical records???????????

>

> The letter stated that his case did meet the statute of limitations

and

> that he had 90 days to gather and submit all current medical records

to

> send in. He filed his case in Feb or Mar of 2003 when his boys were

3

> years old. His firm is Rawls & McNelis.

>

> This confirms what I thought might happen. Right now, all 5000 of

> those cases are being screened to ensure they meet the statute. My

> guesstimate is that 50% or more will be dismissed for not meeting the

> statute.

>

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DID MEET

> >

> > The letter stated that his case did meet the statute of

limitations

> and

> > that he had 90 days to gather and submit all current medical

records

> to

> > send in. He filed his case in Feb or Mar of 2003 when his boys

were

> 3

> > years old. His firm is Rawls & McNelis.

> >

> > This confirms what I thought might happen. Right now, all 5000

of

> > those cases are being screened to ensure they meet the statute.

My

> > guesstimate is that 50% or more will be dismissed for not meeting

the

> > statute.

> >

>

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I think that they are finally going to start hearing these cases soon

(pending results of Cedillos and other test cases) There has been

discussion by the uscfc that they were going to start requesting

records several at a time so that they wont have to do it all at once.

http://www.uscfc.uscourts.gov/node/2718 click on 3/27/08 and then go

to bottom of page 3 into page 4. I wish they would ask for ours!!! Holly

> > >

> > > The letter stated that his case did meet the statute of

> limitations

> > and

> > > that he had 90 days to gather and submit all current medical

> records

> > to

> > > send in. He filed his case in Feb or Mar of 2003 when his boys

> were

> > 3

> > > years old. His firm is Rawls & McNelis.

> > >

> > > This confirms what I thought might happen. Right now, all 5000

> of

> > > those cases are being screened to ensure they meet the statute.

> My

> > > guesstimate is that 50% or more will be dismissed for not meeting

> the

> > > statute.

> > >

> >

>

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I think what they are looking at is timely filing of medical records.

not statute of limitations. Hope that helps. Holly

> > >

> > > The letter stated that his case did meet the statute of

> limitations

> > and

> > > that he had 90 days to gather and submit all current medical

> records

> > to

> > > send in. He filed his case in Feb or Mar of 2003 when his boys

> were

> > 3

> > > years old. His firm is Rawls & McNelis.

> > >

> > > This confirms what I thought might happen. Right now, all 5000

> of

> > > those cases are being screened to ensure they meet the statute.

> My

> > > guesstimate is that 50% or more will be dismissed for not meeting

> the

> > > statute.

> > >

> >

>

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The statute is 3 years from the date of injury, not from birth. So, if your

child regressed or

had a reaction at 15 mos, 18 mos, or 2 years, etc.,the statute would start from

that date.

> >

> > The letter stated that his case did meet the statute of limitations

> and

> > that he had 90 days to gather and submit all current medical records

> to

> > send in. He filed his case in Feb or Mar of 2003 when his boys were

> 3

> > years old. His firm is Rawls & McNelis.

> >

> > This confirms what I thought might happen. Right now, all 5000 of

> > those cases are being screened to ensure they meet the statute. My

> > guesstimate is that 50% or more will be dismissed for not meeting the

> > statute.

> >

>

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also there are 12 months to be 3 before your child will turn 4. so if your child is vacc'd at 6 months and has an immediate reaction, they would have till 3 years 6 months to file. that leaves another 6 months of being age 3 which would be beyond the statute of limitations.

Subject: Re: A Friend of Mind Just Got a Letter From US Court of Fed ClaimsTo: EOHarm Date: Monday, August 18, 2008, 2:39 PM

The statute is 3 years from the date of injury, not from birth. So, if your child regressed or had a reaction at 15 mos, 18 mos, or 2 years, etc.,the statute would start from that date.> >> > The letter stated that his case did meet the statute of limitations > and > > that he had 90 days to gather and submit all current medical records > to >

> send in. He filed his case in Feb or Mar of 2003 when his boys were > 3 > > years old. His firm is Rawls & McNelis.> > > > This confirms what I thought might happen. Right now, all 5000 of > > those cases are being screened to ensure they meet the statute. My > > guesstimate is that 50% or more will be dismissed for not meeting the > > statute.> >>

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We recently got a letter out of the blue requesting we sign new

medical release forms. We filed in 2002 and had hardly heard a word

about it since. When I called about it I was told that the court was

going to slowly go through the cases a handful at a time and they

were updating our file to be ready.

I appreciate you posting this, I was curious about the status of the

other cases--it would be nice to have a yahooboard to share info

about this that isnt trolled like all the other autism boards.

> > >

> > > The letter stated that his case did meet the statute of

limitations

> > and

> > > that he had 90 days to gather and submit all current medical

records

> > to

> > > send in. He filed his case in Feb or Mar of 2003 when his boys

were

> > 3

> > > years old. His firm is Rawls & McNelis.

> > >

> > > This confirms what I thought might happen. Right now, all 5000

of

> > > those cases are being screened to ensure they meet the

statute. My

> > > guesstimate is that 50% or more will be dismissed for not

meeting the

> > > statute.

> > >

> >

>

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