[Federal Register Volume 63, Number 41 (Tuesday, March 3, 1998)]
[Notices]
[Pages 10402-10403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5458]


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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

[[Page 10403]]

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, NW, Washington, DC. 
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 October 8, 1997, through December 23, 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. Jacqueline R. Labrie, Sarasota, Florida, Court of Federal Claims 
Number 97-0681V
2. Daniel Kevin O'Connell, San Diego, California, Court of Federal 
Claims Number 97-0682V
3. Kimberly M. Lagrand on behalf of Hayley Nicole Lagrand, Deceased, 
Charleston, South Carolina, Court of Federal Claims Number 97-0692V
4. Elizabeth and Robert Wojciechowski on behalf of Jonah 
Wojciechowski, Deceased, Glendale, Arizona, Court of Federal Claims 
Number 97-0696V
5. Constance Mirando on behalf of Anthony Mirando, Flushing, New 
York, Court of Federal Claims Number 97-0697V
6. Robin and Bobby Gerjes on behalf of Brandon Gerjes, Deceased, 
Edna, Texas, Court of Federal Claims Number 97-0698V
7. Chinyere Pat and Charles Ononibaku on behalf of Emmanuel 
Ononibaku, Amherst, Massachusetts, Court of Federal Claims Number 
97-0715V
8. Mona and David A. Robinson on behalf of Mary A. Robinson, 
Frankfort, Kentucky, Court of Federal Claims Number 97-0729V
9. Krystal K. Dickey on behalf of Gina M. Dickey, Morrison, 
Illinois, Court of Federal Claims Number 97-0730V
10. Wendy and Andy Ellis on behalf of Andie Jo Ellis, Deceased, Salt 
Lake City, Utah, Court of Federal Claims Number 97-0738V
11. Anita Blocker Hammond on behalf of Ajee Hammond, Philadelphia, 
Pennsylvania, Court of Federal Claims Number 97-0745V
12. Marcy Nirschel on behalf of Michael Nirschel, Stamford, 
Connecticut, Court of Federal Claims Number 97-0748V
13. Nancy and Christopher Smith on behalf of Hillary Smith, Vero 
Beach, Florida, Court of Federal Claims Number 97-0752V
14. Jeannie and Robert Griffin on behalf of Elizabeth Griffin, Mill 
Creek, Washington, Court of Federal Claims Number 97-0753V
15. Deborah Burke on behalf of Emilee Burke, Norfolk, Virginia, 
Court of Federal Claims Number 97-0763V
16. Holly A. Butler on behalf of Eian Thomas Butler, Dayton, Ohio, 
Court of Federal Claims Number 97-0764V
17. Kimberly Justice on behalf of Joshua Allen Justice, Harriman, 
Tennessee, Court of Federal Claims Number 97-0765V
18. Shona Monique Baker on behalf of Sean Ray Baker, Deceased, 
Philadelphia, Pennsylvania, Court of Federal Claims Number 97-0796V
19. Karen Dobak on behalf of Corey Dobak, Cambridge, Massachusetts, 
Court of Federal Claims Number 97-0797V
20. Delores and Paul Saunders on behalf of Scott Saunders, Richmond, 
Virginia, Court of Federal Claims Number 97-0808V
21. Michelle Reed, Dayton, Ohio, Court of Federal Claims Number 97-
0809V
22. Lacey and Mark Charlesworth on behalf of Jonathan Charlesworth, 
Provo, Utah, Court of Federal Claims Number 97-0814V
23. Robert Kolvoord and Holly Haney on behalf of Zachary Kolvoord, 
Harrisonburg, Virginia, Court of Federal Claims Number 97-0818V
24. Margaret and John Wallace on behalf of Amiee Rose Wallace, 
Allentown, Pennsylvania, Court of Federal Claims Number 97-0836V
25. Tera Jo Webb, Mesa, Arizona, Court of Federal Claims Number 97-
0852V
26. Tammy Zimmer on behalf of Kyle Zimmer, Warren, Michigan, Court 
of Federal Claims Number 97-0861V.

    Dated: February 25, 1998.
Claude Earl Fox,
Acting Administrator.
[FR Doc. 98-5458 Filed 3-2-98; 8:45 am]
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