[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]
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