# National Vaccine Injury Compensation Program; List of Petitions Received

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A97-2867

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 5, 1997
- **Citation:** 62 FR 5442

## Text

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.

-----------------------------------------------------------------------

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 8A35, Rockville, MD 20857, (301) 443-
6593.

[[Page 5443]]

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 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 partial list of petitions
received by HRSA on October 10, 1996 through December 30, 1996.
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. Sarah Jean Busby on behalf of Payton Elizabeth Helms, Kennett,
Missouri, Court of Federal Claims Number 96-0628 V
2. Kimberly Berg on behalf of Ryan Berg, Deceased, Salt Lake City,
Utah, Court of Federal Claims Number 96-0630 V
3. Alberta Wagner and Derrick Shaw on behalf of Eric N. Shaw,
Kingstree, South Carolina, Court of Federal Claims Number 96-0638 V
4. Elizabeth Watson, Waldorf, Maryland, Court of Federal Claims Number
96-0639 V
5. Tina and Gene Albert Simpson on behalf of Gene Albert Simpson, Jr.,
English, Indiana, Court of Federal Claims Number 96-0643 V
6. Nicholas Francis DeLouis on behalf of Amanda Rachel Ingebretson, San
Antonio, Texas, Court of Federal Claims Number 96-0655 V
7. Catherine Colluro, Woodmere, New York, Court of Federal Claims
Number 96-0662 V
8. Kathleen Kurtzhall, Glens Falls, New York, Court of Federal Claims
Number 96-0669 V
9. Teary Evaline Gardner, North Fort Myers, Florida, Court of Federal
Claims Number 96-0679 V
10. Kristen Matheny on behalf of Kaitlyn Rose Matheny, Woodford,
Illinois, Court of Federal Claims Number 96-0722 V
11. Jane and Stephen Miller on behalf of Sarah Miller, Boulder,
Colorado, Court of Federal Claims Number 96-0727 V
12. Joanne DeRobertis on behalf of Dean Wesley DeRobertis, Deceased,
West Chester, Pennsylvania, Court of Federal Claims Number 96-0746 V
13. Michelle Kelleher on behalf of Jennifer Dawn Bieliauskaus, Jersey
City, New Jersey, Court of Federal Claims Number 96-0747 V
14. Michelle Emmer-Gilbank on behalf of Dakota Emmer, Deceased Baraboo,
Wisconsin, Court of Federal Claims Number 96-0761 V
15. Susan and Gaylen Weil on behalf of Anthony Duane Weil, Shenandoah,
Iowa, Court of Federal Claims Number 96-0762 V
16. Breggett and Terrence Rideau on behalf of Terrence Carl Rideau,
Bedford, Texas, Court of Federal Claims Number 96-0765 V
17. Angela and Aaron Hill on behalf of Arielle Hill, Jacksonville,
Florida, Court of Federal Claims Number 96-0783 V
18. Mary Zwinn on behalf of Kaitlyn Zwinn, LaGrange, Illinois, Court of
Federal Claims Number 96-0785 V
19. Angela Ward and Duane Booden on behalf of Alysa Booden, Deceased,
Andrews Air Force Base, Maryland, Court of Federal Claims Number 96-
0789 V
20. Patricia and Michael Sawinski on behalf of Kaitlyn Sawinski,
Melrose Park, Illinois, Court of Federal Claims Number 96-0796 V
21. Carmen Heller on behalf of Isaiah Jones, Deceased, Cuyahoga Falls,
Ohio, Court of Federal Claims Number 96-0797 V
22. Tawny and Robert Buck on behalf of Quincy Mason Buck, Wrangell,
Alaska, Court of Federal Claims Number 96-0802 V
23. Chatie Bantug Cruz, San Diego, California, Court of Federal Claims
Number 96-0820 V.

Dated: January 30, 1997.
Ciro V. Sumaya,
Administrator.
[FR Doc. 97-2867 Filed 2-4-97; 8:45 am]
BILLING CODE 4160-15-P

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-2867. Public record. Not legal advice.