[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