97-23374. National Vaccine Injury Compensation Program; List of Petitions Received  

  • [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]
    BILLING CODE 4160-15-P
    
    
    

Document Information

Published:
09/04/1997
Department:
Health Resources and Services Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
97-23374
Pages:
46746-46747 (2 pages)
PDF File:
97-23374.pdf