Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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.> >> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 18, 2008 Report Share Posted August 18, 2008 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. > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 19, 2008 Report Share Posted August 19, 2008 Our case is proceeding, also…FWIW….. Quote Link to comment Share on other sites More sharing options...
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