[Federal Register Volume 66, Number 229 (Wednesday, November 28, 2001)]
[Notices]
[Pages 59434-59436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29512]


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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 in general, 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 8A-46, 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 
his 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 July 5, 2001, through September 28, 2001.
    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

[[Page 59435]]

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, Division of Vaccine Injury Compensation, Office 
of Special Programs, 5600 Fishers Lane, Room 8-A46, 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. Philip Erickson on behalf of Philip J. Erickson, Roaring Spring, 
Pennsylvania, Court of Federal Claims Number 01-0389V
2. Rebekah Smothers on behalf of Kienan Freeman, Tallahassee, Florida, 
Court of Federal Claims Number 01-0390V
3. Tammy Mahaffey, Newark, Oklahoma, Court of Federal Claims Number 01-
0392V
4. Michael Doherty on behalf of Drew Doherty, Boston, Massachusetts, 
Court of Federal Claims Number 01-0393V
5. Jacqueline Wright on behalf of Jared Wright, Boston, Massachusetts, 
Court of Federal Claims Number 01-0394V
6. Kristal Flagg on behalf of Lance Flagg, Boston, Massachusetts, Court 
of Federal Claims Number 01-0395V
7. Ellen Shatz-Feldman, Las Vegas, Nevada, Court of Federal Claims 
Number 01-0399V
8. Sandy Rusk on behalf of Olivia Rusk, Fishers, Indiana, Court of 
Federal Claims Number 01-0403V
9. Patricia Johnson on behalf of Alicia Johnson, New York, New York, 
Court of Federal Claims Number 01-0405V
10. Yousuf Qureshi, Boston, Massachusetts, Court of Federal Claims 
Number 01-0406V
11. Anita and Joseph Weakland on behalf of Joseph M. Weakland, Bangler, 
Pennsylvania, Court of Federal Claims Number 01-0407V
12. Jan DeGrandchamp, Frazier Park, California, Court of Federal Claims 
Number 01-0413V
13. Roseanne Borrero, Rockledge, Florida, Court of Federal Claims 
Number 01-0417V
14. Ernestine Ventura on behalf of Adam Ventura, Boston, Massachusetts, 
Court of Federal Claims Number 01-0420V
15. Holly Clifford on behalf of Gregory Clifford, Deceased, Boston, 
Massachusetts, Court of Federal Claims Number 01-0424V
16. Kristie Thacker on behalf of Gabriel Faith Thacker, Deceased, 
Hazlehursat, Mississippi, Court of Federal Claims Number 01-0435V
17. Lisa and Robert Devore on behalf of Ryan Austin Devore, Louisville, 
Kentucky, Court of Federal Claims Number 01-0436V
18. Susan J. Haggerty on behalf of Joseph C. Haggerty, Jr., Union, New 
Jersey, Court of Federal Claims Number 01-0438V
19. Jeffrey Greco, Brooklyn, New York, Court of Federal Claims Number 
01-0450V
20. Kim and Paul Garrett on behalf of Weslie Julia Annie Garrett, 
Houston, Texas, Court of Federal Claims Number 01-0452V
21. Raymond Gallup on behalf of Eric Gallup, Parsippany, New Jersey, 
Court of Federal Claims Number 01-0453V
22. Pamela Gard on behalf of Mitchell Gard, Muncie, Indiana, Court of 
Federal Claims Number 01-0458V
23. Joseph Hegarty on behalf of Joseph Michael Hegarty, Deceased, 
Reisterstown, Maryland, Court of Federal Claims Number 01-0463V
24. Barbara Potolicchio, South Weymouth, Massachusetts, Court of 
Federal Claims Number 01-0464V
25. Jennifer Hernandez on behalf of Micaela Hernandez, Deceased, Mesa, 
Arizona, Court of Federal Claims Number 01-0466V
26. Donna and Rick Kay on behalf of Rachel Kay, Vienna, Virginia, Court 
of Federal Claims Number 01-0467V
27. Karen Peachee, Boston, Massachusetts, Court of Federal Claims 
Number 01-0475V
28. Melony Eisenhower on behalf of Michael L. Bowes, Jr., Mill Hall, 
Pennsylvania, Court of Federal Claims Number 01-0481V
29. Barbara Cunningham and Phillip Young on behalf of April Young, 
Lee's Summit, Missouri, Court of Federal Claims Number 01-0483V
30. Sarah Freedman on behalf of Chana Freedman, Monticello, New York, 
Court of Federal Claims Number 01-0485V
31. Jill Haga on behalf of Michaela Haga, Vienna, Virginia, Court of 
Federal Claims Number 01-0491V
32. Pamela Coleman on behalf of John Coleman, Jr., Little Rock, 
Arkansas, Court of Federal Claims Number 01-0496V
33. Tambra Harris, Vienna, Virginia, Court of Federal Claims Number 01-
0499V
34. Albert Asker on behalf of Benjamin Logan Asker, Vienna, Virginia, 
Court of Federal Claims Number 01-0500V
35. Kelly Knoke on behalf of Alice Svetic, Vienna, Virginia, Court of 
Federal Claims Number 01-0501V
36. Tiffany Drost, Vienna, Virginia, Court of Federal Claims Number 01-
0502V
37. Diane Paliscak on behalf of Anthony Paliscak, Vienna, Virginia, 
Court of Federal Claims Number 01-0503V
38. Jeanne and John Gensch on behalf of Patrick Gensch, Vienna, 
Virginia, Court of Federal Claims Number 01-0504V
39. Sherry Wied on behalf of David Wied, Vienna, Virginia, Court of 
Federal Claims Number 01-0505V
40. Dawn and Jeff Partyka on behalf of Jacob Partyka, Vienna, Virginia, 
Court of Federal Claims Number 01-0506V
41. Jodi Miller on behalf of Richard Kjolberg, Jr., Duluth, Minnesota, 
Court of Federal Claims Number 01-0512V
42. Jennifer and James Hall on behalf of Emmallen Grace Hall, Deceased, 
Morristown, Tennessee, Court of Federal Claims Number 01-0514V
43. Priscilla Smith on behalf of Victoria Danielle Ellrod, Wildomar, 
California, Court of Federal Claims Number 01-0523V
44. Christina DeLong, Reading, Pennsylvania, Court of Federal Claims 
Number 01-0528V
45. Ronald Gura, Boston, Massachusetts, Court of Federal Claims Number 
01-0531V
46. Rodney Boone on behalf of Rodney Emerson Boone, III, Lafayette, 
California, Court of Federal Claims Number 01-0532V
47. Paul Shirley, Boston, Massachusetts, Court of Federal Claims Number 
01-0537V
48. Teressa and Anthony Richardson on behalf of Jenyssa Richardson, New 
York, New York, Court of Federal Claims Number 01-0545V
49. Randy Tucker, Shoshoni, Wyoming, Court of Federal Claims Number 01-
0547V
50. Diana Hall on behalf of Marcellous Hall, Boston, Massachusetts, 
Court of Federal Claims Number 01-0554V
51. Lisa Visco on behalf of James Visco, Boston, Massachusetts, Court 
of Federal Claims Number 01-0555V

[[Page 59436]]

52. Susan Berry, Boston, Massachusetts, Court of Federal Claims Number 
01-0556V

    Dated: November 21, 2001.
Elizabeth M. Duke,
Acting Administrator.
[FR Doc. 01-29512 Filed 11-27-01; 8:45 am]
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