[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Pages 34906-34907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17063]
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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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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 January 5, 1998, through March 31, 1998.
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 Acting Associate
Administrator for 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. Stephanie and John Hatzenbuhler, on behalf of John Ross Hatzenbuhler
Bismark, North Dakota, Court of Federal Claims Number 98-0008V
2. Basmah Zamrik and Mohammad Ramez Chawki on behalf of Hedaya Chawki,
Broken Arrow, Oklahoma, Court of Federal Claims Number 98-0010V
3. Dennis Foster on behalf of Felisha Foster, Rockford, IIlinois, Court
of Federal Claims Number 98-0033V
4. Dolores Cohen-Lowry, Phoenixville, Pennsylvania, Court of Federal
Claims Number 98-0034V
5. Pamela S. and Andrew L. Wilson on behalf of Daniel J. Wilson,
Beaver, Pennsylvania, Court of Federal Claims Number 98-0040V
6. Christine E. Kramer, Mayfield Heights, Ohio, Court of Federal Claims
Number 98-0053V
7. Thuy Yang on behalf of Chandra Ly, Deceased, Philadelphia,
Pennsylvania, Court of Federal Claims Number 98-0054V
[[Page 34907]]
8. Susan and Leonard Queen on behalf of Maura Queen, Douglasville,
Georgia, Court of Federal Claims Number 98-0055V
9. Vanya Seiss on behalf of Lola Seiss, Los Angeles, California, Court
of Federal Claims Number 98-0062V
10. Rosemary J. Browne, Columbia, Maryland, Court of Federal Claims
Number 98-0070V
11. Cathleen and Donald Marcelli on behalf of David Marcelli, Deceased,
Burlington, Massachusetts, Court of Federal Claims Number 98-0103V
12. Eva D. Libby Smith on behalf of Aaron Lee Smith, Portsmouth,
Oregon, Court of Federal Claims Number 98-0106V
13. UnMi and Jerry Tufo on behalf of Jerry Joseph Tufo, Jr., Eglin AFB,
Florida, Court of Federal Claims Number 98-0108V
14. Gerald M. Taylor on behalf of Jennifer Sandoval, Ruskin, Florida,
Court of Federal Claims Number 98-0113V
15. Erin and John Liable on behalf of Sierra Liable, Salem, New Jersey,
Court of Federal Claims Number 98-0120V
16. Bernard Bisson, Bradford, Vermont, Court of Federal Claims Number
98-0121V
17. Sheena Ackley on behalf of Tabitha Ackley, Livingston, Texas, Court
of Federal Claims Number 98-0122V
18. Marano Maldonado Ramirez on behalf of Maxi Maldonado Vasquez,
Corocal, Puerto Rico, Court of Federal Claims Number 98-0133V
19. Blanca Buchno, Stockton, California, Court of Federal Claims Number
98-0134V
20. Robert D. Lovinger, M. D., Richmond, Virginia, Court of Federal
Claims Number 98-0138V
21. Margaret Nichols on behalf of Elishama Nichols, Chicago, Illinois,
Court of Federal Claims Number 98-0141V
22. Jason Ridgway on behalf Creighton Ridgway, Round Rock, Texas, Court
of Federal Claims Number 98-0149V
23. Juli Levesque on behalf of Alex Levesque, Pleasant Hill,
California, Court of Federal Claims Number 98-0162V
24. Carrie Snyder on behalf of Kayla Ann Snyder, Allentown,
Pennsylvania, Court of Federal Claims Number 98-0163V
25. Francine and Emanuel Chaconis on behalf of Alyssa Chaconis, Pamona,
New York, Court of Federal Claims Number 98-0165V
26. Irma L. Lopez, Long Branch, New Jersey, Court of Federal Claims
Number 98-0189V
27. Daisy Rivera Rodriguez, Ponce, Puerto Rico, Court of Federal Claims
Number 98-0202V
28. Jill Boehler, Lincoln, Nebraska, Court of Federal Claims Number 98-
0205V
29. Janice A. Trygg (Simonsen) and Clifford G. Simonsen on behalf of
Harriet A. Simonsen, Deceased, Portland, Oregon, Court of Federal
Claims Number 98-0206V
30. Madeleine and Marcelo Guilis on behalf of Sage Guilis, Katonah, New
York, Court of Federal Claims Number 98-0305V
31. Elias Tebcherani on behalf of Lena Marie Tebcherani, San Diego,
California, Court of Federal Claims Number 98-0317V
Dated: June 19, 1998.
Claude Earl Fox,
Administrator.
[FR Doc. 98-17063 Filed 6-25-98; 8:45 am]
BILLING CODE 4160-15-U
