01-1009 Ande v. Rock et al.

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“Additionally, uncontradicted materials submitted in the circuit court by the respondents during the summary judgment proceedings show that Aronson is the Chief Medical Officer for Family and Community Health for the Wisconsin Division of Public Health within the Wisconsin Department of Health and Family Services.

“He was not engaged in the practice of medicine, did not render primary care to any patients and had no authority or responsibility to direct or control the cystic fibrosis research study which is central to this lawsuit. All of the remaining defendants appear to have been connected with the cystic fibrosis research project in some manner, but they had no relationship with the Andes. For example, Farrell was the Dean of the University of Wisconsin Medical School and, together with Fost, was a co-investigator for the cystic fibrosis study. Plaintiffs have provided no affidavit or other evidentiary proof to show any physician-patient relationship between the Andes and any defendant who is subject to this appeal.”

Further, we conclude that plaintiffs have failed to establish the first step necessary to a federal due process claim based on deprivation of a clearly established property right because plaintiffs have cited no Wisconsin case which holds that they had a property interest in the test results of the cystic fibrosis study.

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, DeChambeau, J., Roggensack, J.

Attorneys:

For Appellant: Robert J. Gingras, Madison; Michael J. Luebke, Madison; Paul A. Kinne, Madison

For Respondent: John J. Glinski, Madison; Marie A. Stanton, Madison