About The Vaccine Injury Compensation Program

July 16, 2013 by · Comments Off on About The Vaccine Injury Compensation Program
Filed under: Legislation, Parents' Pages 

Part 1

By Myvaccinelawyer

As an attorney focusing my practice on representing people injured by vaccines, I am well-versed in the vaccine claims process. Unfortunately, many people are not even aware that there is a legal recourse for such vaccine-related injuries. The law provides only three years from the start of symptoms to file a claim, and unfortunately clients often call when it is too late. Usually they inform me that they did not even know about this program. It is our goal to change this by spreading the word about the vaccine claims program. It is a fact that vaccines can hurt people. The Vaccine Compensation Trust Fund was created solely to compensate people who are afflicted with injuries, conditions, or reactions after receiving vaccines.

The Vaccine Injury Compensation Program (“VICP”) is a Federal program created to provide compensation to people found to be injured by certain vaccines. The VICP was created by Congress in 1986 as a no-fault alternative to the traditional tort system for resolving vaccine injury claims. “No-fault” is a legal term which means the plaintiff need not prove negligence, recklessness, willfulness, or any other “fault.” Rather, the plaintiff need prove only that a vaccine caused the injuries; whether the vaccine was created, manufactured, administered or stored negligently is irrelevant.

A vaccine claim is not a traditional lawsuit in that a plaintiff does not sue the vaccine manufacturer or the doctor – it is not a medical malpractice suit or a defective product suit. Rather, the compensation is awarded from the Vaccine Injury Compensation Program Trust Fund. The Trust Fund is funded by a $0.75 excise tax paid by vaccine manufacturers. The excise tax is imposed on each dose of a vaccine made. The fund is administered by the federal government, namely the Department of Health and Human Services. Monetary damages for vaccine injury victims, as well as attorneys’ fees and costs, are paid by the trust fund. This is another aspect of the program that sets it apart from traditional injury lawsuits- the plaintiff keeps all of his or her settlement or award without owing any percentage to the attorney. The fund changes monthly and is currently over 3 billion dollars.

Vaccine injury claims are filed in the United States Court of Federal Claims in Washington, D.C. where they are heard by a special master rather than a judge. A lawyer from the Department of Justice, who represents the Secretary of Health and Human Services, will defend the case. If the special master finds that the individual suffered a vaccine injury, compensation will be awarded for the injured person’s past and future medical needs, future lost wages, and past and future pain and suffering.

What vaccines are covered by the Vaccine Injury Compensation Program?

Not all vaccines are covered by the VICP. In order to bring a claim, you must have suffered an injury, allergic reaction, disease or condition after receiving one of the following vaccines:

  • Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT)
  • Haemophilus influenzae type b (Hib)
  • Hepatitis A (HAV)
  • Hepatitis B (HBV)
  • Human papillomavirus (HPV)
  • Influenza (TIV, LAIV) [given each year]
  • Measles, mumps, rubella (MMR, MR, M, R)
  • Meningococcal (MCV4, MPSV4)
  • Polio (OPV or IPV)
  • Pneumococcal conjugate (PCV)
  • Rotavirus (RV)
  • Varicella (VZV)
  • Additional vaccines may be added in the future

In addition to receiving one of the above vaccines, to be eligible to file a claim, the effects of the person’s injury must have: 1) lasted for more than 6 months after the vaccine was given; or 2) resulted in a hospital stay and surgery; or 3) resulted in death.

In Part 2 of this series, I will explain the concept of “Table Injuries.” To contact the author, please email vaccineinjury@insidevaccines.com

Disclaimer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances.  No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

Refutations to Pro-vaccine Memes

May 5, 2013 by · Comments Off on Refutations to Pro-vaccine Memes
Filed under: CDC Watch, News, Opinion, Pro-Vaccine Memes, Vaccine Myths, Vaccine Science 

These little items go up on Facebook first and then I’ll add them to this ever-expanding blog post.

Here is one that was delivered right on our page not long ago–vaccines only represent 2% of the global pharma market, therefore the pharmaceutical companies wouldn’t ever be tempted to do anything dirty like fake research or bribe legislators. And here is a perfect refutation coming directly from the mouth of a pharma web-site. http://www.pharmpro.com/articles/2010/12/vaccines-continue-bolster-pharma-market

Refutations to Pro-vaccine Memes (number 2 of a series) “Comprising a little over 8% of the earth’s crust, aluminium is the most abundant metal on the planet.” and here is the sub-text which is implied but rarely stated: therefore human beings should be able to cope with aluminum in the air, in their water, in their food and in their vaccines.

The first thing to sort out is the source of this statement. It is sort of true but doesn’t actually mean much in terms of the safety of exposure to aluminum in air, water, food or vaccines. In addition to turning up on reference sites, you’ll find this quote on the site of corporations that mine bauxite and manufacture aluminum. Of course such companies want to minimize concerns about pollution and contamination. An example: http://www.constellium.com/aluminium-company/aluminium-properties-and-uses

Aluminum doesn’t occur naturally as aluminum, so the story that it is 8% of the earth’s crust is a bit twisty right off the bat. Here are some facts: “Aluminium never occurs naturally in its pure form; in the ground it is combined with other chemicals as minerals in ore rocks.
The major source of aluminum is layers of soft ore called bauxite, which is mostly aluminum hydroxide.” http://www.houseandhome.org/facts-about-aluminum

 Given that aluminum naturally occurs only in combination with other minerals and only in various compounds, exposure to aluminum today is obviously different from our exposure to aluminum before we began to extract and smelt the metal. Various claims from pro-vaccine folks that human beings are well adapted to aluminum exposure are silly. They really should know better.
At best, human beings are somewhat adapted to the various aluminum compounds which are more or less common in different parts of the world. I don’t think there is any data available on pre-industrial levels of exposure to aluminum compounds.

A rough guide to vaccine activism

March 26, 2013 by · Comments Off on A rough guide to vaccine activism
Filed under: CDC Watch, General, Legislation, News, Parents' Pages, Vaccine Exemptions, Vaccine Mandates 

State_House_VermontComing soon to t0 your home state (if you haven’t already been hit): an attempt to “tighten” vaccination exemptions, justified on the basis of “increased” exemptions and “soaring” childhood illnesses. Washington State was the first target and their exemption law was changed, forcing parents to visit a doctor, listen to a lecture and then, maybe, get a signature on their exemption form. Next came Vermont and then California. In Vermont the vaccine critics won a small victory, in California there was a definite loss, slightly redeemed by a signing statement from the governor defending religious freedom. Currently Oregon is the main target but Maine is also facing legislation. (2013).

What can you do to protect your freedom of choice when it comes to vaccination?

  1. Get organized before the legislative attack on your rights begins. Various organizations have been planning these attacks for about 10 years, perhaps longer. There may already be a vaccine choice organization in your state, join it! If there isn’t, create one and contact everyone you know who might be concerned and ask them to join too. These law changes are aimed mainly at parents who have concerns about vaccines but are on the fence. With new vaccines in the pipeline and some of the currently approved vaccines making parents itchy (HPV for example), tightening up the exemption process is the best way to avoid a mass exodus from compliance. Read more

Whooping Cough – Lies, Damn Lies and Statistics

According to the CDC (2002)

However, since the early 1980s, reported pertussis incidence has increased cyclically with peaks occurring every 3–4 years.

And yet  whooping cough increases are being described as though they are a new problem. Here is an example, one of many:

Whooping cough cases have outright ballooned in Washington; state health authorities actually declared epidemic status earlier this year, there has been a 13-fold increase in diagnoses since 2011.

Washington — though home to a lot of highly-educated, tech savvy people — is also the epicenter of the U.S. anti-vaccination movement. Over the last few decades, more and more parents there have opted out of inoculating their kids against preventable illnesses. As some 90 percent of any population must be inoculated for vaccines to work — AKA “herd immunity” — many are blaming Washington’s anti-vax camp for spurring the disease’s spread. Read more

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