Guest guest Posted July 11, 2005 Report Share Posted July 11, 2005 Here is the link to send a message: http://capwiz.com/a-champ/mail/oneclick_compose/?alertid=7813356 (The link in the body of the message was lost on forwarding.) From the A-CHAMP Action Center H.R. 534 and S. 354 Restrict Rights of Vaccine Injury Claimants! Urgent Action is needed to stop H.R. 534 and S. 354! Ask your Congressman to oppose H.R. 534. Ask your Senator to oppose and S. 354. If you thought Senate Bill 3 threatened your rights then you should be concerned about H.R. 534 and S. 354 Why is this urgent? – Your Congressperson will be voting soon on H.R. 534. Use A-CHAMP’s web site to tell your representative how you feel about this attempt by the Federal government to take away your civil rights. To Send a message to your Congressperson and Senators click here: http://capwiz.com/a-champ/mail/oneclick_compose/?alertid=7813356 Why do we oppose H.R. 534 and S. 354? The federally-run Vaccine Injury Compensation Program (VICP) does not stop most vaccine-injury cases from ending up in the traditional civil justice system. Bringing a lawsuit in a court of law with a jury is the traditional legal option that gives vaccine injury claimants leverage. If enacted into law H.R. 534 and S. 354 would restrict the rights of vaccine claimants in our state courts: • Non-economic damages (“pain and suffering”) would be limited arbitrarily to $250,000 regardless of the severity of the injury, regardless of the number of defendants responsible for the injury. For children non-economic damages are a major source of compensation because children do not have lost wages. • Punitive damages would be severely restricted. • Statute of limitations would radically reduced for children, contrary to the time honored traditional principles of American law that have protected minors. • Future damages greater than $50,000 would have to be paid periodically. Even if a jury finds that a severe injury, like many vaccine injuries, warrant significant future damages the responsible parties or their insurance companies would keep the money, earn interest on it, and pay it out a little at a time. • This Federal law would preempt or override the laws of our States. Once again, some of our Federal legislators are trying to take over the state’s traditional role of protecting children and consumers. At the same time state laws that protect pharmaceutical companies and other parties responsible for vaccine and other health care injuries would not be disturbed. H.R. 534 and S. 354, a so-called “medical malpractice” bill restricts the rights of parents and their children to hold vaccine manufacturers accountable—even those children afflicted by autism and other neurological disorders. The sweeping provisions of the bills specifically protect vaccine manufacturers, drug and device companies, HMOs, and insurance companies. All the liability protections in H.R. 534 and S. 354 extend to any “healthcare lawsuit,” which is defined to mean “any health care liability claim concerning the provision of health care goods or services affecting interstate commerce, or any health care liability action… against… the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, regardless of the theory of liability on which the claim is based…” TO PUT IT PLAINLY H.R. 534 and S. 354 ARE UNFAIR TO PARENTS AND CHILDREN WHO SEEK JUST COMPENSATION FOR VACCINE INJURY CLAIMS! Please take a moment to send a message on behalf of vaccine injured children. Click here to ask your elected officials to protect the rights of vaccine injured children! http://capwiz.com/a-champ/mail/oneclick_compose/?alertid=7813356 Quote Link to comment Share on other sites More sharing options...
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