[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59796-59797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29606]


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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 8A46, 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

[[Page 59797]]

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 July 1, 1998 through September 30, 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 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. Lynette Lowe, Coal Township, Pennsylvania, Court of Federal Claims 
Number 98-0310V
2. Karyn and Gary Benner on behalf of Micah Benner, Harleysville, 
Pennsylvania, Court of Federal Claims Number 98-0311V
3. Karyn and Alan Friedman on behalf of James Friedman, Rochester, New 
York, Court of Federal Claims Number 98-0318V
4. Timmie Peterson on behalf of Christopher Avina, Deceased, Lake 
Elsinore, California, Court of Federal Claims Number 98-0324V
5. Lena Konialian, El Monte, California, Court of Federal Claims Number 
98-0380V
6. Shari D. Ford, Sherman, Texas, Court of Federal Claims Number 98-
0381V
7. Cruz Pena, Oxnard, California, Court of Federal Claims Number 98-
0384V
8. Carmen Davis on behalf of Andre Ronnie Davis, Jr., Meridian, 
Mississippi, Court of Federal Claims Number 98-0395V
9. Katherine Pierce on behalf of William Fletcher, Charleston, South 
Carolina, Court of Federal Claims Number 98-0398V
10. Winona Brown on behalf of Shelby Brown, Deceased, Boston, 
Massachusetts, Court of Federal Claims Number 98-0401V
11. Robin Renee Presley, Russell, Kentucky, Court of Federal Claims 
Number 98-0417V
12. Elizabeth and David Briggs on behalf of Falcon Briggs, Nogal, New 
Mexico, Court of Federal Claims Number 98-0418V
13. Francine Nye on behalf of Ashley Nye, Leadville, Colorado, Court of 
Federal Claims Number 98-0420V
14. Janet McDonald on behalf of Michael McDonald, Newark, New Jersey, 
Court of Federal Claims Number 98-0421V
15. Mattie Lemesha White, Atlanta, Georgia, Court of Federal Claims 
Number 98-0426V
16. Carmen Rice on behalf of Owen Burman, Southfield, Michigan, Court 
of Federal Claims Number 98-0438V
17. Elizabeth Fortuna and John Jimenez on behalf of John Paul Jimenez, 
Jr., Deceased, Los Angeles, California, Court of Federal Claims Number 
98-0439V
    18. Lisa Wall on behalf of Jason Wall, Bridgewater, New Jersey, 
Court of Federal Claims Number 98-0442V
    19. Jenny and Larry Dooley on behalf of Brittany Dooley, 
Springfield, Ohio, Court of Federal Claims Number 98-0454V
    20. Jaqueline Thaw on behalf of Kevvin Thaw, Englewood, New Jersey, 
Court of Federal Claims Number 98-0465V
    21. Shelly and Paul White, on behalf of Hayley White, Canton, Ohio, 
Court of Federal Claims Number 98-0466V
    22. Susan and Paul Sigloch on behalf of Paul Raymond Sigloch, 
Medford, New Jersey, Court of Federal Claims Number 98-0467V
    23. Lisa and Jake Schaerer on behalf of Matthew Schaerer, La Mesa, 
California, Court of Federal Claims Number 98-0479V
    24. Regan Maddox on behalf of Christopher Maddox, Deceased, Tampa, 
Florida, Court of Federal Claims Number 98-0491V
    25. Lavonne and Harvey Spaans on behalf of Hannah Spaans, Remsen, 
Iowa, Court of Federal Claims Number 98-0494V
    26. Peter Menkin, San Rafael, California, Court of Federal Claims 
Number 98-0502V
    27. Tracy and Joseph Daniel, on behalf of Jackson E. Daniel 
Houston, Texas, Court of Federal Claims Number 98-0519V
    28. William McNear on behalf of William Henry McNear, Vienna, 
Virginia, Court of Federal Claims Number 98-0521V
    29. Claire Parsons, Cranston, Rhode Island, Court of Federal Claims 
Number 98-0529V
    30. Belinda Neumann on behalf of Daniel Aaron Neumann, Deceased, 
Jasper, Alabama, Court of Federal Claims Number 98-0538V
    31. Ann Doty, Medford, Oregon, Court of Federal Claims Number 98-
0548V

    Dated: October 30, 1998.
Claude Earl Fox,
Administrator.
[FR Doc. 98-29606 Filed 11-4-98; 8:45 am]
BILLING CODE 4160-15-P