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.

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

Look over here, NOT over there

January 31, 2012 by · 13 Comments
Filed under: Parents' Pages, Reviews of web-sites, Vaccine Science 

(and we strongly recommend that you just take us on faith).

Shot of Prevention recently put up a  blog article: Choosing Vaccination for Your Child is an Informed Decision   explaining where to go for information on vaccination.

I believe that parents must begin by understanding the importance of research, science and statistics in order to make an informed decision. In other words, it’s not that parents should look for a “neutral page”, as this mother suggests, but more importantly, an accurate one that uses scientific evidence to support their recommendations.

Insidevaccines agrees on the importance of using research, science and statistics to make an informed decision. The challenge is determining which pages are accurate and which use scientific evidence to support their recommendations. The writer on Shot of Prevention recommends various resources and provides links.

One thing the author does not recommend, and we find it an interesting omission, is to simply look at each resource she links to, choose a statement at random, and follow up on the references to see if the citations chosen actually support the statement or not, as the case may be. This simple step would demonstrate that she is actually pointing to science-based rather than faith-based information. We’ve written up evaluations of two vaccine supportive sites and found significant holes in the references. (see: Overinformed Refusal has to be Stopped and Written by Parents? Based on Science? )  This is not a terribly difficult step, and it will lay a real foundation of confidence in the data (or not). Any parent who has ever done a research paper has the basic skills required and the Internet makes it surprisingly easy to find article abstracts and sometimes even full-text articles. Read more

An injection of realism

January 3, 2012 by · 6 Comments
Filed under: Parents' Pages, Vaccine Myths, Vaccine Science 

Are Vaccines Magical?

It is magical thinking that there are virtually no injuries caused by vaccines and the vaccination process. The safety factors promoted are completely unrealistic and could not be achieved by the use of a real placebo. Why? Because virtually all vaccines are injected, and the injection process itself, separate and distinct from the vaccine, is by definition an invasive medical procedure with multiple known risk factor rates greater than current vaccine safety claims.

Ask any responsible medical professional if it is possible to perform 1,000,000 insulin, Vitamin B12, or even saline injections without an injury. Serious adverse reactions from injections happen all the time. And medical error in general is a much larger problem than most people realise.

From the National Academy of Science: Medication Errors Injure 1.5 Million People and Cost Billions of Dollars Annually

This PowerPoint illustrates multiple common errors, see slide 2

Here a technician was using improper injection techniques for flu shots

“But they must be the only ones…” Nope, sorry. It turns out that this is a continuing problem across the entire health care industry.

3 Myths About Safe Injection Practices”-

….Premier survey conducted in May and June last year, indicating that of 5,446 provider respondents (better hope your HCP is not one of these), the following engage in unsafe injection practices:

  • 6% sometimes or always use single-dose/single-use vials for more than one patient
  • 9% sometimes or always reuse a syringe but change the needle for a second patient
  • 15.1% reuse a syringe to enter a multidose vial
  • 6.5% save that vial for use on another patient.

So, are vaccines and vaccination magical? Read more

Written by Parents? Based on Science?

This is our second post reviewing the new pro-vaccine site brought to you by Sanofi Pasteur.  In our first post we followed up on the claim that the site is science-based. In this one we’ll have a look at claimed authorship and continue our search for scientific references to back-up their declarations.

On the “About ImmYounity” page it is claimed that the information on the site is written by fellow parents:

There’s a lot of confusing information today about immunizations and parents need the facts.  This is why you can look to ImmYounity and Vaccines.com.  This Web site is written by moms for moms (and dads, too!) and is grounded in science — the best tool there is to help you make your own decisions about immunization.”

This is an interesting claim, considering that the answers provided are eerily similar to the soothing answers provided by the CDC and AAP on their websites. Read more

Overinformed Refusal Has to be Stopped

November 28, 2011 by · 13 Comments
Filed under: News, Parents' Pages, Vaccine Myths 

And Sanofi Pasteur is taking action with their new web-site.

The ImmYounity(SM) campaign provides consumer-friendly, accurate and science-based information about immunization that can be easily accessed at www.vaccines.com. The site contains useful facts and resources, including visuals that can be easily shared via social media and email, and is supplemented by educational brochures offered for use by health-care providers.

Sounds absolutely wonderful. Especially as they set the bar high in these statements on their Educate Others page.

  • Make sure the author cites the sources where he or she got the information, along with links to these sources. Is information presented objectively, or is it biased?
  • Does the Web site cite scientific evidence for the statements that are made? Can facts and opinions be easily distinguished?

This is certainly what insidevaccines strives to do. How does Vaccines.com hold up when you start looking at their references?

On their Vaccine Q & A page we found this question and answers:

Why are additives put in vaccines?

Additives in vaccines serve some of the same functions as food additives—they can act as preservatives and help extend shelf life, and are only used in very tiny amounts. Small amounts of additives are also used to kill or inactivate vaccines.67

Here are some additives you may have questions about:

Aluminum is used in some vaccines to allow for a better immune response. Infants are constantly exposed to aluminum in a number of ways: it’s present in air, water, food, even in breast milk. The amount used in vaccines, though, is a tiny fraction of the amount a baby would receive through breast milk or formula in the first 6 months of life. That small amount is eliminated quickly from a baby’s body.68

Antibiotics are used to prevent growth of bacteria during production and storage and rarely cause allergic reactions.67,68

Thimerosal is a preservative that is no longer in most children’s vaccines. It has been used in very small amounts to multidose vials of vaccine (which hold more than one dose) to prevent bacteria from contaminating the vaccine.8

If you have any concerns about what additives are in a specific vaccine, be sure to talk to your child’s health-care professional.

So, for supporting references we have 67, 68 and 8.

8 is US Food and Drug Administration (FDA). Thimerosol in vaccines. http://www.fda.gov/biologicsbloodvaccines/safetyavailability/vaccinesafety/ucm096228.htm. Accessed August 15, 2011.

67 is CDC. Vaccines and Immunizations. Ingredients of Vaccines – Fact Sheet. http://www.cdc.gov/vaccines/vac-gen/additives.htm. Updated February 22, 2011. Accessed August 15, 2011.

68 is Vaccine Education Center at the Children’s Hospital of Philadelphia. Vaccine ingredients: what you should know. http://www.chop.edu/export/download/pdfs/articles/vaccine-education-center/vaccine-ingredients.pdf. Accessed August 15, 2011.

Secondary sources. Okay. So we’ll go and see if  the secondary sources are supported by primary sources. Read more

Vaccine Exemption Shenanigans?

August 30, 2010 by · 16 Comments
Filed under: News, Parents' Pages, Vaccine Exemptions 

Recently we’ve come across multiple examples of local authorities messing with vaccine exemptions. Nothing new, of course, about the media publishing stories which leave out the availability of exemptions when they remind parents of the vaccine “requirements” for school. But there does seem to be something new about counties and school districts coming up with their own paperwork, sometimes in contradiction to state exemption requirements.

For the first time, insidevaccines is asking you to tell us your stories. Has someone given you a hard time when you applied for a vaccine exemption for your kids? Insisted that you need a signature from your pastor? Asked you to sign a form admitting that you are risking the lives of your children and other people’s children? Or?

Comment here, or, if you prefer, send them via e-mail to healthykids@insidevaccines. com

Please share this query on forums and anywhere else you can think of.  The more the merrier.

We will not publish anyone’s stories, but we may provide a list of states where problems have arisen and a general description of the types of harassment parents have encountered.

Thanks in advance.

Do the Right Thing!

August 25, 2010 by · 3 Comments
Filed under: CDC Watch, News, Opinion, Parents' Pages, Vaccine Myths 

Every August we are hit by a wave of publicity for National Immunization Awareness Month, reminding everyone in the United States to get their children vaccinated, themselves vaccinated, their parents vaccinated, probably even their dogs and cats and goldfish vaccinated.

Vaccinations shouldn’t be that difficult to sell. Who wants their child to die of a communicable disease like mumps? And we all know that influenza kills 36,000 Americans each and every year, because this number is mentioned in just about every news story pushing the influenza vaccine, so it shouldn’t be difficult to convince millions to get their annual flu shot. Except that the Wall Street Journal points out that there are some valid questions about this widely publicized number from the CDC. Even mainstream publications sometimes have questions about diseases and vaccines. Once in a while. Read more

The Economic Burden of NOT Breastfeeding

August 9, 2010 by · 4 Comments
Filed under: News, Parents' Pages, Vaccine Alternatives 

Vaccination with the full CDC-endorsed schedule of vaccines is presented as our absolute best choice to protect and nurture the health of our precious children. Vaccines are believed to be so important that they are mandated [1], subsidized [2], and protected by a special court [3].

Recently, we published an article [4] that discussed the widely promoted claim that vaccines save society billions of dollar every year. Are there other measures that could save society a few billion bucks, and significantly reduce infant and child mortality, morbidity, and related health costs? 

In April 2010, Pediatrics published an article, The Burden of Suboptimal Breastfeeding in the United States: A Pediatric Cost Analysis [5]. This analysis was a review of some of the findings contained in an exceptionally comprehensive report [6] that was published in 2007 by the Agency for Healthcare Research and Quality (AHRQ). The Pediatrics paper determined that if:

“90% of US families could comply with medical recommendations to breastfeed exclusively for 6 months, the United States would save $13 billion per year and prevent an excess of 911 deaths, nearly all of which would be infants…”

Almost 1,000 excess infant deaths every year, and a cumulative total of $130 billion in costs in 10 years. Low breastfeeding rates in the US should obviously be cause for serious concern. Note that the authors only considered three diseases, none of which are communicable or have vaccines available; necrotizing enterocolitis, otitis media, and gastroenteritis. Pediatrics did not publish new evidence, but simply analyzed data contained in the AHRQ report, which cited numerous studies favoring breastfeeding. Read more

Pertussis Recap

August 7, 2010 by · Comments Off on Pertussis Recap
Filed under: News, Parents' Pages 

With all the noise about whooping cough (sorry…) I thought it would be helpful to provide quick links to our main articles on the topic.

A look at the statistics

Our basic page on DTap

The vaccine and herd immunity

Feel free to share our information in discussions!

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