[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]
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