[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Pages 65086-65088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32278]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
National Vaccine Injury Compensation Program; List of Petitions
Received
AGENCY: Health Resources and Services Administration, HHS.
ACTION: Notice.
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[[Page 65087]]
SUMMARY: The Health Resources and Services Administration (HRSA) is
publishing this notice of petitions received under the National Vaccine
Injury Compensation Program (``the Program''), as required by section
2112(b)(2) of the Public Health Service (PHS) Act, as amended. While
the Secretary of Health and Human Services is named as the respondent
in all proceedings brought by the filing of petitions for compensation
under the Program, the United States Court of Federal Claims is charged
by statute with responsibility for considering and acting upon the
petitions.
FOR FURTHER INFORMATION CONTACT: For information about requirements for
filing petitions, and the Program generally, contact the Clerk, United
States Court of Federal Claims, 717 Madison Place, N.W., Washington,
D.C. 20005, (202) 219-9657. For information on HRSA's role in the
Program, contact the Director, National Vaccine Injury Compensation
Program, 5600 Fishers Lane, Room 8A35, Rockville, MD 20857, (301) 443-
6593.
SUPPLEMENTARY INFORMATION: The Program provides a system of no-fault
compensation for certain individuals who have been injured by specified
childhood vaccines. Subtitle 2 of title XXI of the PHS Act, 42 U.S.C.
300aa-10 et seq., provides that those seeking compensation are to file
a petition with the U.S. Court of Federal Claims and to serve a copy of
the petition on the Secretary of Health and Human Services, who is
named as the respondent in each proceeding. The Secretary has delegated
her responsibility under the Program to HRSA. The Court is directed by
statute to appoint special masters who take evidence, conduct hearings
as appropriate, and make initial decisions as to eligibility for, and
amount of, compensation.
A petition may be filed with respect to injuries, disabilities,
illnesses, conditions, and deaths resulting from vaccines described in
the Vaccine Injury Table (the Table) set forth at section 2114 of the
PHS Act or as set forth at 42 CFR 100.3, as applicable. This Table
lists for each covered childhood vaccine the conditions which will lead
to compensation and, for each condition, the time period for occurrence
of the first symptom or manifestation of onset or of significant
aggravation after vaccine administration. Compensation may also be
awarded for conditions not listed in the Table and for conditions that
are manifested after the time periods specified in the Table, but only
if the petitioner shows that the condition was caused by one of the
listed vaccines.
Section 2112(b)(2) of the PHS Act, 42 U.S.C. 300aa-12(b)(2),
requires that the Secretary publish in the Federal Register a notice of
each petition filed. Set forth below is a list of petitions received by
HRSA on July 2, 1997, through September 29, 1997.
Section 2112(b)(2) also provides that the special master ``shall
afford all interested persons an opportunity to submit relevant,
written information'' relating to the following:
1. The existence of evidence ``that there is not a preponderance of
the evidence that the illness, disability, injury, condition, or death
described in the petition is due to factors unrelated to the
administration of the vaccine described in the petition,'' and
2. Any allegation in a petition that the petitioner either:
(a) ``Sustained, or had significantly aggravated, any illness,
disability, injury, or condition not set forth in the Table but which
was caused by'' one of the vaccines referred to in the Table, or
(b) ``Sustained, or had significantly aggravated, any illness,
disability, injury, or condition set forth in the Table the first
symptom or manifestation of the onset or significant aggravation of
which did not occur within the time period set forth in the Table but
which was caused by a vaccine'' referred to in the Table.
This notice will also serve as the special master's invitation to
all interested persons to submit written information relevant to the
issues described above in the case of the petitions listed below. Any
person choosing to do so should file an original and three (3) copies
of the information with the Clerk of the U.S. Court of Federal Claims
at the address listed above (under the heading For Further Information
Contact), with a copy to HRSA addressed to Director, Bureau of Health
Professions, 5600 Fishers Lane, Room 8-05, Rockville, MD 20857. The
Court's caption (Petitioner's Name v. Secretary of Health and Human
Services) and the docket number assigned to the petition should be used
as the caption for the written submission.
Chapter 35 of title 44, United States Code, related to paperwork
reduction, does not apply to information required for purposes of
carrying out the Program.
List of Petitions
1. Brenda Scott-Sheppard, Boston, Massachusetts, Court of Federal
Claims Number 97-0449 V
2. Joann O'Loughlin, Fremont, California, Court of Federal Claims
Number 97-0458 V
3. Melody and John Harris on behalf of Christina Harris, San Mateo,
California, Court of Federal Claims Number 97-0470 V
4. Anne M. Nagel, Little Falls, Minnesota, Court of Federal Claims
Number 97-0479 V
5. Debra Graham Robert, Birmingham, Alabama, Court of Federal Claims
Number 97-0501 V
6. Betty and Freeman Wingard on behalf of Lori Beth Wingard, LaGrange,
Indiana, Court of Federal Claims Number 97-0502 V
7. Tatyana and Alex Vainshelboim on behalf of Jane Vainshelboim,
Morganville, New Jersey, Court of Federal Claims Number 97-0516 V
8. Hans J. Herkert on behalf of John Henry Herkert, Cold Spring, New
York, Court of Federal Claims Number 97-0518 V
9. Abhinav and Mija Le Trehan on behalf of Daniel Lee Trehan, Kansas
City, Missouri, Court of Federal Claims Number 97-0528 V
10. Ellen and Charles Eiss on behalf of Gabrielle Eiss, Coral Springs,
Florida, Court of Federal Claims Number 97-0529 V
11. Elham Rafla-Yuan, Tampa, Florida, Court of Federal Claims Number
97-0531 V
12. John R. Kline, Buffalo, New York, Court of Federal Claims Number
97-0535 V
13. Lino Delgado and Gricer Diaz on behalf of Coralys Gricer Delgado-
Diaz, Rio Piedras, Puerto Rico, Court of Federal Claims Number 97-0538
V
14. Pauline Fadelalla, New York, New York, Court of Federal Claims
Number 97-0573 V
15. Robin D. Blankenship, Ocala, Florida, Court of Federal Claims
Number 97-0574 V
16. Madeline H. and William F. Warnock, Jr. on behalf of Benjamin Perry
Warnock, Alexandria, Virginia, Court of Federal Claims Number 97-0585 V
17. Cynthia Peters on behalf of Kendall P. Lumsden, Cary, North
Carolina, Court of Federal Claims Number 97-0588 V
18. Mary Alice Nanney, Brandon, Mississippi, Court of Federal Claims
Number 97-0590 V
19. Shannon E. Casey, Vienna, Virginia, Court of Federal Claims Number
97-0612 V
20. Tracy Lynn Nichols on behalf of Shelby Nichols, Angier, North
Carolina, Court of Federal Claims Number 97-0625 V
21. Nikki and David McColm on behalf of Nicholas Vernon McColm,
Astoria,
[[Page 65088]]
Oregon, Court of Federal Claims Number 97-0631 V
22. Kim and Daniel Olexiewicz on behalf of Jason Olexiewicz, Deceased,
Encino, California, Court of Federal Claims Number 97-0638 V
23. Frances and James DeRoche on behalf of John-Paul D. DeRoche, La
Canada, California, Court of Federal Claims Number 97-0643 V
24. Dawn and Douglas Biron on behalf of Thomas J. Biron, Chisago,
Minnesota, Court of Federal Claims Number 97-0651 V
Dated: December 4, 1997.
Claude Earl Fox,
Acting Administrator.
[FR Doc. 97-32278 Filed 12-9-97; 8:45 am]
BILLING CODE 4160-15-P
