This PDF is the current document as it appeared on Public Inspection on 09/04/2013 at 08:45 am.
Health Resources and Services Administration, HHS.
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.Start Further Info
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.End Further Info End Preamble Start Supplemental 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 Start Printed Page 54664Federal 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.Start Signature
Dated: August 29, 2013.
Mary K. Wakefield,
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: 13-0529VEnd Supplemental Information
[FR Doc. 2013-21568 Filed 9-4-13; 8:45 am]
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