and Finding a Vaccine Injury Attorney
The U.S Federal Vaccine Court awarded a $61 million settlement for a child who suffered a severe adverse reaction after an immunization. Vaccine attorneys at the law firm of Maglio Christopher & Toale, P.A., believed that the case was clearly a result of a reaction to the DTaP immunization. Court documents show that only hours after the baby received a routine diphtheria, tetanus and acellular pertussis (DTaP) vaccination, she started to have seizures, abnormal breathing, irregular heartbeats, and at 6:05am the next morning, her heart stopped completely. It took 6 minutes of CPR to revive her. She has spent that last 6 years of her life suffering from cognitive delays, cerebral palsy, encephalopathy, and seizure disorder. The family's attorneys say the $61 million dollar award will pay for the child's around the clock medical care for the rest of her life. Read full story.
Under the National Childhood Vaccine Injury Act ("1986 Law"), congress created an administrative forum that gave the VICP original jurisdiction for all vaccine injury claims. In addition to broad liability protection, the 1986 Law also provides another shield to manufacturers under federal law. The 1986 Law permits them the right to not disclose known risks to parents or guardians of those being vaccinated. Resting on the "learned intermediary" doctrine, manufacturers bear no liability for giving, or failing to give, accurate or complete information to those vaccinated, and have only to provide relevant information to doctors, who must give patients CDC Vaccine Information Statements. Source: Unanswered Questions From The Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury by Mary Holland
Congressional briefing on the status of the Vaccine Injury Compensation Program: On November 7th, 2013, Professor Mary Holland, Head of Graduate Legal Studies at NYU, and Rolf Hazelhurst, father in one of the test cases in the Omnibus Autism Proceeding, and Assistant District Attorney General, State of Tennessee, outlined the problems in the Vaccine Injury Compensation Program in preparation for hearings in the House Oversight and Government Reform Committee.
In The Vaccine Court: The Dark Truth of America's Vaccine Injury Compensation Program Wayne Rohde takes a hard look at the National Vaccine Injury Compensation Program and the families desperately trying to navigate their way through.
The Vaccine Court looks at the mysterious and often unknown world of the National Vaccine Injury Compensation Program (NVICP), the only recourse for seeking compensation for those who have been injured by a vaccine. The NVICP, better known as the Vaccine Court, however, is not without controversy.
Established by Congress as a direct result of the passage of the National Childhood Vaccine Injury Act of 1986, the NVICP was supposed to offer a no-fault alternative to the traditional injury claims filed in state or federal courts and was to provide quick, efficient, and fair compensation for those who have been injured by vaccines. The reality, however, is that many cases take several years or longer to complete and require tremendous commitment from families already pushed to the brink of bankruptcy caring for the vaccine-injured family member, only to discover that the end result is manipulated by the government in defense of the US vaccine policy.
Mr. Rohde looks into the inner workings of the US Federal Claims Court and the NVICP. He interviews families who have filed petitions and won compensation, families who have been denied compensation, and families still waiting for a decision. By highlighting the journeys of these families, their efforts to find attorneys willing to represent them, the filing of their petitions, and the subsequent mountain of paperwork, medical records, and other documents that span years, Mr. Rohde exposes the bitter truth behind the NVICP. Through his thoughtful interviews and fact-finding research, The Vaccine Court sheds light on how the NVICP has evolved into something far more treacherous than what Congress envisioned with the National Childhood Vaccine Injury Act in 1986.
"Here you have it, in black and white: the unfairness, the corruption and system-wide bias, documented for the world to see. The VICP is in need of complete reform, or it needs to be abolished altogether. This book may well trigger the outcry in the public to start that much-needed process. Injustice cannot be addressed until the spotlight is pointed directly at the problem. And Mr. Rohde has done that brilliantly. He has done a great service in writing this book. The VICP can no longer hide in the dark, protected by silence. People can now know the truth, and that is a huge victory. This is a must-read book." -Sylvia Pimentel, vice-president of the California chapter of the National Autism Association, and founder and moderator of Sac-Autism-Biomed
Nov. 2, 2000: A leading national physician organization is calling for a moratorium on all government mandated vaccines and has passed a resolution to that end at their annual meeting.
Members of the Association of American Physicians and Surgeons (AAPS) voted this week at their 57th Annual Meeting in St. Louis to pass a resolution calling for an end to mandatory childhood vaccines. The resolution passed without a single "no" vote. (Resolution and mandatory vaccine fact sheet posted at www.aapsonline.org)
"Our children face the possibility of death or serious long-term adverse effects from mandated vaccines that aren’t necessary or that have very limited benefits," said Jane M. Orient, MD, AAPS Executive Director.
"This is not a vote against vaccines," said Dr. Orient. "This resolution only attempts to halt blanket vaccine mandates by government agencies and school districts that give no consideration for the rights of the parents or the individual medical condition of the child."
Forty-two states have mandatory vaccine policies, and many children are required to have 22 shots before first grade. On top of that, as a condition for school attendance, many school districts require vaccination for diseases such as hepatitis B -- primarily an adult disease, usually spread by multiple sex partners, drug abuse or an occupation with exposure to blood.
And yet, children under the age of 14 are three times more likely to suffer adverse effects -- including death -- following the hepatitis b vaccine than to catch the disease itself.
Just last week, students in Utica, NY were sent home from school, and told they could not return until they had been forced to receive hep B vaccinations. Further, parents were threatened by Child Protective Services with possible seizure of their children based on "education neglect."
"It’s obscene to threaten to seize a child just because his parents refuse medical treatment that is obviously unnecessary and perhaps even dangerous," said Dr. Orient. "AAPS believes that parents, with the advice of their doctors, should make decisions about their children’s medical care -- not government bureaucrats. This Resolution affirms that position."
AAPS is a professional association of physicians dedicated since 1943 to the sanctity of the patient-physician relationship. Source: AAPS Online
When lawmakers introduced and President Reagan signed the 1986 law indemnifiying vaccine makers (and doctors/nurses) of all liability for vaccine-injury, one stipulation was that the "Vaccine Court" would be a "no-fault, non-adversarial" process where parents could be compensated for the expenses they will incur, for example, for the lifetime care for a child permanenty disabled by vaccines. As it turns out, Vaccine Court is now highly adversarial and parents are required to prove that the vaccines aministered were the cause of their child's injury. The government counters with medical "experts" to testify that vaccines don't do that. And so, in 99% of cases, the parents get no compensation, and are left to shoulder the expense, nomally in the millions, of lifetime care for their loved one. Another technique used by the government to avoid paying compensation is to delay hearings for many years, citing too many cases overloading the system.
Another condition of the 1986 law relieving vaccine makers of liability is that they would conduct ongoing safety testing to identify risks and use that data to make safer vaccines. As it turns out, this condition has also not been fulfilled. Del Bigtree and Robert F Kennedy Jr requested through FOIA, all documents related to vaccine safety testing since 1986, and the reply from CDC was that no such documents were found.
A common myth repeated in the mainstream is that there is ongoing post-marketing surveillance and longitudinal studies to insure vaccine safety. But, sadly, there is no data to back up that claim.
They love to use the word "longitudinal" but even the pre-licensure safety testing are done for only a very short duration. Is 5 days "longitudinal"?
Vaccine injury cases are on the rise people, so if you’ve got your head in the sand and you haven’t been paying attention, it’s time to wake up. Here’s a little background for those of you just getting started
Ronald Reagan… almost 30 years ago to the day, the 40th president of the United States signed away the rights of Americans to sue vaccine makers, replacing them with a law that forces families who have suffered vaccine injury or death to sue the U.S. government instead of a pharmaceutical company.
As a result, special masters from the United States Special Claims Court, also known for our purposes as the vaccine court, are given full authority as judge with no jury to decide the fate of Americans who have had the unfortunate ‘luck’ to be stricken by a vaccine injury — which can range from chronic, mild symptoms to death.
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