[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Notices]
[Pages 46746-46747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23374]
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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 April 10, 1997, through June 24, 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. Laurie Duplease on behalf of Alexis Duplease, New Haven,
Connecticut, Court of Federal Claims Number 97-0270 V
2. James Gimesky on behalf of Jenna Lynn Gimesky, Ann Arbor, Michigan,
Court of Federal Claims Number 97-0280 V
3. Shari M. and John G. Lawlor on behalf of Brooke D. Lawlor, Omaha,
Nebraska, Court of Federal Claims Number 97-0285 V
[[Page 46747]]
4. Marylin and Lawrence Cutler on behalf of Lawrence Cutler, New
Brunswick, New Jersey, Court of Federal Claims Number 97-0302 V
5. Iris Maldonado on behalf of Ruben Anibal Felipe Maldonado, Orlando,
Florida, Court of Federal Claims Number 97-0314 V
6. Mark Harrington, Belzoni, Mississippi, Court of Federal Claims
Number 97-0316 V
7. Michelle and Richard Emmons on behalf of Lauren C. Emmons, Vista,
California, Court of Federal Claims Number 97-0327 V
8. Tina and Shawn Saladiner on behalf of Somer Saladiner, Culpeper,
Virginia, Court of Federal Claims Number 97-0331 V
9. Aida Miucin on behalf of Marko Miucin, San Diego, California, Court
of Federal Claims Number 97-0336 V
10. Thomas J. Sansone, Sr. on behalf of Thomas J. Sansone, Jr., Mount
Kisco, New York, Court of Federal Claims Number 97-0337 V
11. Thomas James Owens, Jr., Covington, Louisiana, Court of Federal
Claims Number 97-0360 V
12. John Franklin Rowe, Jr., Hagerstown, Maryland, Court of Federal
Claims Number 97-0366 V
13. Betsy and Michael Cuthbertson on behalf of Nicole Cuthbertson,
Frisco, Colorado, Court of Federal Claims Number 97-0367 V
14. Patton and Richard Carter on behalf of Rebecca Carter, Deceased,
Ashland, New Hampshire, Court of Federal Claims Number 97-0387 V
15. Tara Davis on behalf of Shayna Adams, Overland Park, Kansas, Court
of Federal Claims Number 97-0392 V
16. Deborah Hartkopf, on behalf of Lindsey Hartkopf, Cherry Hill, New
Jersey, Court of Federal Claims Number 97-0403 V
17. Wendy and Steven Jarvis on behalf of Philip Thomas Jarvis,
Thomasville, North Carolina, Court of Federal Claims Number 97-0405V
18. Julie and David A. Ryan on behalf of Emilee Ryan, Indiana,
Pennsylvania, Court of Federal Claims Number 97-0412 V
19. Thuy Bui Cung and Thach Bui Kim on behalf of Diane Cung, Deceased,
Westminster, California, Court of Federal Claims Number 97-0420 V
20. Christina and James Michener on behalf of Barak Ross Michener, Las
Cruces, New Mexico, Court of Federal Claims Number 97-0421 V
21. Margaret Reed, Vienna, Virginia, Court of Federal Claims Number 97-
0427 V
22. Danielle Deidun on behalf of Jalyn Deidun, Grosse Pointe, Michigan,
Court of Federal Claims Number 97-0430 V
23. Debra Valois on behalf of Alvin Cole Valois, Hammond, Louisiana,
Court of Federal Claims Number 97-0433 V
24. Carlene T. Giuffrida on behalf of Megan-Rose Giuffrida, Stony
Brook, New York, Court of Federal Claims Number 97-0436 V
25. Paula and Rick Rohl on behalf of Samuel Rohl, Lihue, Hawaii, Court
of Federal Claims Number 97-0440 V
Dated: August 28, 1997.
Claude Earl Fox,
Acting Administrator.
[FR Doc. 97-23374 Filed 9-3-97; 8:45 am]
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