Fw: Support Bill in Congress to Ease Burden on Vaccine Injured Children for Comoensation

[Guest guest]

When the Vaccine Injury Compensation Program was first introduced in the 1980's

the Vaccine Manufacturers had warned the Government Public Health Authorities that if they were not given this Extraordinary Relief, essentially having the federal government cap all awards for Vaccine Injury and Deaths fro Vaccines, they would have to stop producing the poisons injected into ALL children.

At the time their congressional advocates promised speedy monetary relief without the necessity to hire a lawyer and prove that the vaccine alone caused the injury. It was also aimed at the irresponsible "cut" of the lawyers at the expense of "suffering children etc. The administration of the program, has become so difficult to obtain compensation since the actual vaccine injuries that occur when a vaccine manufacturer NO LONGER has to fefend his product in Court, but only to the friendly. conflict of interest laden review panels that approve the vaccine in the first place. The volume of injured and dead children has skyrocketed. The program now pays out over $100 million every year to vaccine injured children and dead children's families. See www.hrsa.gov/bhpr/vicp for Federal Gov't Statistics. In order to keep the program afloat the bureaucracy has had to clamp down on awards as much as possible, returning to the old "adversary proceedings" the sponsors originally decried when the bill was originally passed. At the time there were very strong reservations in the Vaccine Injured Community, since the drug companies producing the vaccines now have almost no incentive to even make them as safe as they can. The Vaccine injured children now bear the cost. The only similar law I can think of is the cap on damages from a Nuclear Power Plant Explosion. A law (Price- Act) places a limit on damages at the behest of the nuclear power industry. They also said they would have to go out of business without it. We never learn. At the least we should make it easier for those injured families to get the small sum allowed in light of the enormous sacrifice they have made. The best of a bad bargain, but a bargain the government won't even honor.

Arnold Gore

Consumers Health Freedom Coalition

HR 1287 - Vaccine Injured CHildren's Compensation Act of 2001

Hi everybody! There is important legislation in Congress which we need to let our Congressional Representatives know we support. The following is the information I received from Kathi of The National Vaccine Information Center:

On March 28, 2001, HR 1287, The Vaccine Injured Children's Compensation Actof 2001, was introduced in the House of Representatives by Congressman DaveWeldon (R-FL) and Congressman Jerrold Nadler (D-NY). Other co-sponsorsinclude Rep. Dan Burton (R-IN), Rep. Barney (D-MA), Rep. Pete Sessions(R-TX), Rep. Jim McGovern (D-MA), Rep. Steve Horn (R-CA), Rep. McCarthy (D-MO), and Rep. Jim (D-TX.This legislation will help families who are trying to get compensation fortheir children. You can call your Washington DC legislators at 202-224-3121and ask for your member of Congress. If you do not know who that is, ask theoperator to help you identify that person.When you reach the member's office, ask to speak to the staff personhandling health-related legislation. Give them the bill number and a shortexplanation and ask them to become a co-sponsor of the bill. Have them callCong. Weldon or Cong. Nadler and offer their support. If any of theprovisions in this bill have a direct bearing on your ability to receivecompensation for your child, relate your story to the staff member. It ismore likely that they will be interested in helping. Ask to meet with yourrepresentative when he/she is in the home district.The original intent of the compensation program was to provide a quick andeasy way for parents to get financial help for their vaccine injuredchildren. The program is anything but quick or easy. This legislation is thebeginning of an effort to restore the bill back to the original intent ofCongress as to how this program was supposed to work.Please call us at 703-938-0342 and let us know the response you receive orif you need more information.HR 1287This bill provides for changes in four very important areas:1. The Statute of LimitationsIn order to file a claim under the Vaccine Injury Compensation Program(VICP), it has to be brought within 3 years of the onset of the injuryclaimed to have been caused by the vaccine(s). It does not matter that theclaimants may not have even known that the vaccine caused their injuries. HR1287 will amend the statute to allow for what is called a discovery rule.This means that the statute of limitations (SOL) would not begin to rununtil someone knew or should have known that their injuries were caused bythe vaccine(s) and that they had a possible claim under the Vaccine InjuryCompensation Program. The time period for filing would be extended from 3years to 6 years. The bill also has provisions which toll (stop the runningof) the statute of limitations during minority (until a child reaches age18).This provision will help the families who never got a correct diagnosis of avaccine injury and who did not find out about the program until too late.2. The Burden of ProofIn law, there are different burdens of proof that are required for differentthings. For instance, to convict someone of a crime requires proof "beyonda reasonable doubt." Below that is a level of proof where something has tobe proven by "clear and convincing" evidence. Next down the ladder is theburden used in traditional civil tort litigation, where the plaintiff has toprove something is more likely than not, "by a preponderance of theevidence." For Veterans' Claims and Workers' Compensation Claims, a lowerburden is used, where the benefit of the doubt goes to the claimant.In HR 1287, the Petitioner's burden of proof is reduced from the"preponderance" standard to the same language used in Veterans' claims.This bill states clearly that the purpose of the program is (as Congressoriginally intended) to generously compensate the children and other victimsof vaccinations. It was Congress' intent to err on the side ofover-compensating, rather than under-compensating, these people. This billalso makes it clear that this is a remedial program and the governmentshould not raise a claim that this is a "waiver of sovereign immunity"(where the bill would be strictly construed against the Petitioners.)Finally, the bill makes it clear that the government can still raise thepossibility of an alternate cause (something other than the vaccination),but they must prove this alternate cause by "clear and convincing" evidence.3. Interim Fees and CostsOne of the reasons so few lawyers are willing to get involved and stayinvolved in these cases is because the payment for attorneys is extremelylow compared to the rewards of traditional civil litigation. Claimants andtheir lawyers must often wait years to receive reimbursement of their costsand payment of the attorneys' fees. Lawyers are expected to compete in ahighly litigious environment, where the burden of proof is relatively high,without the benefits of traditional civil discovery, and with small anddelayed compensation for their effort.This bill would make it possible for claimants to petition, no more thanonce every 90 days, for payment of interim fees and costs. This will allowexperts to be paid in a timely manner, and Petitioners will finally be ableto conduct the testing and studies necessary to prove their claims.Remember that the attorneys for the government are paid every thirty daysand the attorneys for the children have to wait until everything isfinalized, in many cases, waiting for years. In the meantime, the burden offinancing the case falls on the shoulders of the family and the attorney.This provision will help level the playing field for the attorneys who aretrying to help the families.4. The Right to RefileThis bill allows for a petitioner to refile a claim if the original claimdid not meet the $1,000 unreimbursed expense requirement (now no longer arequirement) or if the petitioner missed the deadline that is beingcorrected by HR 1287. If passed, the petitioner would have the right torefile within 72 months after turning 18 or within 24 months after the billbecomes law, whichever is a longer period of time.

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDEDHERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUEDAS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TOBE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUEAND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOURHEALTH CARE PROVIDER.

[Guest guest]

When the Vaccine Injury Compensation Program was first introduced in the 1980's

the Vaccine Manufacturers had warned the Government Public Health Authorities that if they were not given this Extraordinary Relief, essentially having the federal government cap all awards for Vaccine Injury and Deaths fro Vaccines, they would have to stop producing the poisons injected into ALL children.

At the time their congressional advocates promised speedy monetary relief without the necessity to hire a lawyer and prove that the vaccine alone caused the injury. It was also aimed at the irresponsible "cut" of the lawyers at the expense of "suffering children etc. The administration of the program, has become so difficult to obtain compensation since the actual vaccine injuries that occur when a vaccine manufacturer NO LONGER has to fefend his product in Court, but only to the friendly. conflict of interest laden review panels that approve the vaccine in the first place. The volume of injured and dead children has skyrocketed. The program now pays out over $100 million every year to vaccine injured children and dead children's families. See www.hrsa.gov/bhpr/vicp for Federal Gov't Statistics. In order to keep the program afloat the bureaucracy has had to clamp down on awards as much as possible, returning to the old "adversary proceedings" the sponsors originally decried when the bill was originally passed. At the time there were very strong reservations in the Vaccine Injured Community, since the drug companies producing the vaccines now have almost no incentive to even make them as safe as they can. The Vaccine injured children now bear the cost. The only similar law I can think of is the cap on damages from a Nuclear Power Plant Explosion. A law (Price- Act) places a limit on damages at the behest of the nuclear power industry. They also said they would have to go out of business without it. We never learn. At the least we should make it easier for those injured families to get the small sum allowed in light of the enormous sacrifice they have made. The best of a bad bargain, but a bargain the government won't even honor.

Arnold Gore

Consumers Health Freedom Coalition

HR 1287 - Vaccine Injured CHildren's Compensation Act of 2001

Hi everybody! There is important legislation in Congress which we need to let our Congressional Representatives know we support. The following is the information I received from Kathi of The National Vaccine Information Center:

On March 28, 2001, HR 1287, The Vaccine Injured Children's Compensation Actof 2001, was introduced in the House of Representatives by Congressman DaveWeldon (R-FL) and Congressman Jerrold Nadler (D-NY). Other co-sponsorsinclude Rep. Dan Burton (R-IN), Rep. Barney (D-MA), Rep. Pete Sessions(R-TX), Rep. Jim McGovern (D-MA), Rep. Steve Horn (R-CA), Rep. McCarthy (D-MO), and Rep. Jim (D-TX.This legislation will help families who are trying to get compensation fortheir children. You can call your Washington DC legislators at 202-224-3121and ask for your member of Congress. If you do not know who that is, ask theoperator to help you identify that person.When you reach the member's office, ask to speak to the staff personhandling health-related legislation. Give them the bill number and a shortexplanation and ask them to become a co-sponsor of the bill. Have them callCong. Weldon or Cong. Nadler and offer their support. If any of theprovisions in this bill have a direct bearing on your ability to receivecompensation for your child, relate your story to the staff member. It ismore likely that they will be interested in helping. Ask to meet with yourrepresentative when he/she is in the home district.The original intent of the compensation program was to provide a quick andeasy way for parents to get financial help for their vaccine injuredchildren. The program is anything but quick or easy. This legislation is thebeginning of an effort to restore the bill back to the original intent ofCongress as to how this program was supposed to work.Please call us at 703-938-0342 and let us know the response you receive orif you need more information.HR 1287This bill provides for changes in four very important areas:1. The Statute of LimitationsIn order to file a claim under the Vaccine Injury Compensation Program(VICP), it has to be brought within 3 years of the onset of the injuryclaimed to have been caused by the vaccine(s). It does not matter that theclaimants may not have even known that the vaccine caused their injuries. HR1287 will amend the statute to allow for what is called a discovery rule.This means that the statute of limitations (SOL) would not begin to rununtil someone knew or should have known that their injuries were caused bythe vaccine(s) and that they had a possible claim under the Vaccine InjuryCompensation Program. The time period for filing would be extended from 3years to 6 years. The bill also has provisions which toll (stop the runningof) the statute of limitations during minority (until a child reaches age18).This provision will help the families who never got a correct diagnosis of avaccine injury and who did not find out about the program until too late.2. The Burden of ProofIn law, there are different burdens of proof that are required for differentthings. For instance, to convict someone of a crime requires proof "beyonda reasonable doubt." Below that is a level of proof where something has tobe proven by "clear and convincing" evidence. Next down the ladder is theburden used in traditional civil tort litigation, where the plaintiff has toprove something is more likely than not, "by a preponderance of theevidence." For Veterans' Claims and Workers' Compensation Claims, a lowerburden is used, where the benefit of the doubt goes to the claimant.In HR 1287, the Petitioner's burden of proof is reduced from the"preponderance" standard to the same language used in Veterans' claims.This bill states clearly that the purpose of the program is (as Congressoriginally intended) to generously compensate the children and other victimsof vaccinations. It was Congress' intent to err on the side ofover-compensating, rather than under-compensating, these people. This billalso makes it clear that this is a remedial program and the governmentshould not raise a claim that this is a "waiver of sovereign immunity"(where the bill would be strictly construed against the Petitioners.)Finally, the bill makes it clear that the government can still raise thepossibility of an alternate cause (something other than the vaccination),but they must prove this alternate cause by "clear and convincing" evidence.3. Interim Fees and CostsOne of the reasons so few lawyers are willing to get involved and stayinvolved in these cases is because the payment for attorneys is extremelylow compared to the rewards of traditional civil litigation. Claimants andtheir lawyers must often wait years to receive reimbursement of their costsand payment of the attorneys' fees. Lawyers are expected to compete in ahighly litigious environment, where the burden of proof is relatively high,without the benefits of traditional civil discovery, and with small anddelayed compensation for their effort.This bill would make it possible for claimants to petition, no more thanonce every 90 days, for payment of interim fees and costs. This will allowexperts to be paid in a timely manner, and Petitioners will finally be ableto conduct the testing and studies necessary to prove their claims.Remember that the attorneys for the government are paid every thirty daysand the attorneys for the children have to wait until everything isfinalized, in many cases, waiting for years. In the meantime, the burden offinancing the case falls on the shoulders of the family and the attorney.This provision will help level the playing field for the attorneys who aretrying to help the families.4. The Right to RefileThis bill allows for a petitioner to refile a claim if the original claimdid not meet the $1,000 unreimbursed expense requirement (now no longer arequirement) or if the petitioner missed the deadline that is beingcorrected by HR 1287. If passed, the petitioner would have the right torefile within 72 months after turning 18 or within 24 months after the billbecomes law, whichever is a longer period of time.

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDEDHERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUEDAS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TOBE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUEAND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOURHEALTH CARE PROVIDER.