[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54663-54664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21568]


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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) 357-6400. For information on HRSA's role in the Program, 
contact the Director, National Vaccine Injury Compensation Program, 
5600 Fishers Lane, Room 11C-26, 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 may 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 outside 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 ``[w]ithin 30 days after the Secretary receives service 
of any petition filed under section 2111 the Secretary shall publish 
notice of such petition in the Federal Register.'' Set forth below is a 
list of petitions received by HRSA on July 1, 2013, through July 31, 
2013. This list provides the name of petitioner, city and state of 
vaccination (if unknown then city and state of person or attorney 
filing claim), and case number. In cases where the Court has redacted 
the name of a petitioner and/or the case number, the list reflects such 
redaction.
    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 Vaccine Injury 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.
    In accordance with Section 2112(b)(2), all interested persons may 
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

[[Page 54664]]

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 Program, Healthcare 
Systems Bureau, 5600 Fishers Lane, Room 11C-26, 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.

    Dated: August 29, 2013.
Mary K. Wakefield,
Administrator.

List of Petitions Filed

1. Carolynne Olson, Encinitas, California, Court of Federal Claims 
No: 13-0439V
2. William H. Kennedy, Jr., Elizabethton, Tennessee, Court of 
Federal Claims No: 13-0441V
3. Maria and Joel Gonzalez on behalf of Joel Gonzalez, Jr., San 
Jose, California, Court of Federal Claims No: 13-0442V
4. Rebecca J. McCorkle, Chillicothe, Ohio, Court of Federal Claims 
No: 13-0444V
5. Mark Barry Hooper, Belfair, Washington, Court of Federal Claims 
No: 13-0445V
6. Robert P. Zimmerman, Orlando, Florida, Court of Federal Claims 
No: 13-0447V
7. Patsy Nash Russell, Albertville, Alabama, Court of Federal Claims 
No: 13-0462V
8. Robert Manzella, Southfield, Michigan, Court of Federal Claims 
No: 13-0469V
9. Wendy Williams, Mansfield, Louisiana, Court of Federal Claims No: 
13-0471V
10. Karen O'Malley on behalf of A.F., Newton, Massachusetts, Court 
of Federal Claims No: 13-0472V
11. Julie Cochran on behalf of John James Bieber, Deceased, Dayton, 
Tennessee,, Court of Federal Claims No: 13-0477V
12. Catherine Wolski, Evergreen Park, Illinois, Court of Federal 
Claim No: 13-0482V
13. Tanisia Cunningham on behalf of G.C.F., Vienna, Virginia, Court 
of Federal Claims No: 13-0483V
14. Devon Jaffri, Vienna, Virginia, Court of Federal Claims No: 13-
0484V
15. Bernadine Ramires, Bronx, New York, Court of Federal Claims No: 
13-0485V
16. Ginger M. Martin and Catherine J. O'Quin on behalf of Heavenly 
S. Lee, Gulf Shores, Alabama, Court of Federal Claims No: 13-0486V
17. David Fairchild, McIntosh, Alabama, Court of Federal Claims No: 
13-0487V
18. Cynthia K. Williams, Richmond, Virginia, Court of Federal Claims 
No: 13-0488V
19. Michael and Catherine McNulty on behalf of W.T.M., Rockford, 
Illinois, Court of Federal Claims No: 13-0489V
20. Wendy Lister, Mount Gretna, Pennsylvania, Court of Federal 
Claims No: 13-0492V
21. Terese Wackrow, San Diego, California, Court of Federal Claims 
No: 13-0493V
22. Donna Higgins, Winston Salem, North Carolina, Court of Federal 
Claims No: 13-0497V
23. Shana Scales, Boston, Massachusetts, Court of Federal Claims No: 
13-0501V
24. Robert Kaper, Lincoln, California, Court of Federal Claims No: 
13-0504V
25. Melinda A. Schmidt, Salina, Kansas, Court of Federal Claims No: 
13-0510V
26. Douglas A. Graham, New York, New York, Court of Federal Claims 
No: 13-0514V
27. Carl Borghi, Boston, Massachusetts, Court of Federal Claims No: 
13-0518V
28. David Alexander Maher, Ventura, California, Court of Federal 
Claims No: 13-0521V
29. Danna Testa on behalf of Scott Testa, Columbus, Ohio, Court of 
Federal Claims No: 13-0524V
30. Richard W. Ploeser on behalf of Lou-Ann M. Ploeser, Deceased, 
Sun City, Arizona, Court of Federal Claims No: 13-0525V
31. Ryan L. Swick and Mary M. Swick on behalf of Justin Ryker Swick, 
Deceased, Iowa Falls, Iowa, Court of Federal Claims No: 13-0526V
32. Megan Morgan, West Des Moines, Iowa, Court of Federal Claims No: 
13-0529V

[FR Doc. 2013-21568 Filed 9-4-13; 8:45 am]
BILLING CODE 4165-15-P