Cheryl Fiandaca v. Department of Public Health (SPR 20212458)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records October 7, 2021 SPR21/2458 Helen Rush-Lloyd Records Access Officer Department of Public Health 250 Washington Street Boston, MA 02108 Dear Ms. Rush-Lloyd: I have received the petition of Cheryl Fiandaca of WBZ-TV/CBS Boston appealing the response of the Department of Public Health (Department) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 30, 2021, Ms. Fiandaca requested the following records from December 2020 to date the present: Number of breakthrough cases in MA by vaccine Number of breakthrough cases where individual was fully vaccinated with Moderna Number of breakthrough cases where individual was fully vaccinated with Pfizer Number of breakthrough cases where individual was fully vaccinated with J & J Further breakdown of breakout cases by vaccine, age, sex and underlying conditions Further breakdown of breakout cases by vaccine positive tests and hospitalization. The Department responded on September 13, 2021. Unsatisfied with the response, Ms. Fiandaca appealed and SPR21/2458 was opened as a result. Subsequently, I learned that the Department provided a response on October 4, 2021. Where the basis of this appeal was opened as a result of the of the Department’s September 13th response, I will now consider this administrative appeal closed. Ms. Fiandaca may appeal the substantive nature of the Department's September 13th response within ninety days. See 950 C.M.R. 32.08(1). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Helen Rush-Lloyd SPR21/2458 Page 2 October 7, 2021 Sincerely, Rebecca S. Murray Supervisor of Records cc: Cheryl Fiandaca