Guest guest Posted September 3, 2001 Report Share Posted September 3, 2001 Barb: It's not that I will not tell you what you need to know, it's that I just can't comment on these law firms that are coming out of the woodwork recently since I don't know very much about them. I have been working on vaccine issues since before Chairman Dan Burton did his first set of hearings back in 1999. I really don't have enough facts to comment on these new firms. It's crucial that folks first file with the NVICP since that is what the law says. Here's the statute: Sec. 300aa-11. Petitions for compensation (a) General rule. ... (2) (A) No person may bring a civil action for damages in an amount greater than $1,000 or in an unspecified amount against a vaccine administrator or manufacturer in a State or Federal court for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, and no such court may award damages in an amount greater than $1,000 in a civil action for damages for such a vaccine-related injury or death, unless a petition has been filed, in accordance with section 300aa-16 of this title, for compensation under the Program for such injury or death and - (i)(I) the United States Court of Federal Claims has issued a judgment under section 300aa-12 of this title on such petition, and (II) such person elects under section 300aa-21(a) of this title to file such an action, or (ii) such person elects to withdraw such petition under section 300aa-21( of this title or such petition is considered withdrawn under such section. ... (3) No vaccine administrator or manufacturer may be made a party to a civil action (other than a civil action which may be brought under paragraph (2)) for damages for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988. " This argument that Thimerosal is a " contaminant " is misplaced. A contaminant is a substance such as a bacterial strain, that was not intended to be in the vaccine. Thimerosal is an " adjuvant " that was intentionally put in vaccines by several pharmaceutical companies and, then, intentionally injected into our children by pediatricians. Many lawyers just want to get around the NVICP because it's time consuming and costly. We are willing to spend the up-front money to do it right. The Vaccine Injury Alliance is a group of law firms across the country that is committed to sharing information. If these other groups want, or need our help, they will have it. I'm willing to work together on this with just about anyone so long as they don't mislead anyone. I have never been a fan of class-action litigation since it is easier for the defendant's to " manage " a class. In my opinion, class actions make the lawyers who represent the class a lot of money, but, the injured victims are not properly compensated. In my opinion, thousands of individual lawsuits being filed across the country is the way to go. It's more expensive for the lawyers, but much fairer to the clients when the verdict and/or settlements come in. Individual lawsuits are also much more difficult for the defendant's to manage and attempt to force into a Multi-District Litigation type of arrangement. Also, don't forget to investigate the firm you may choose before hiring them--ask questions and expect straightforward answers. Look at their websites and background in this highly specialized area. Hope this answered your questions. Naturally, if you have anymore, just e-mail or give me a call. Peacefully, Jeff Sell Hitt, & Sell www.HittSell.com 713.654.7776 (office) 832.797.8191 (cell/v-mail) JZSell@... (office) jzsell@... (home) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The information in this email is educational and not intended to be legal advice ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >Message: 7 >Date: Sat, 1 Sep 2001 09:49:11 -0700 >From: " Barb Romkema " <jromkema@...> >Subject: Re: Vaccine Injury Alliance. >So you won't tell me what I need to know? Whether or not these other firms >are ethical, good at what they do etc. etc.? Why is it crucial that they >file with the NVICIP first? Why aren't all you guys just getting together >and make it a nationwide deal? Also, which is better, class action, or >individual? >Barb Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 4, 2001 Report Share Posted September 4, 2001 Hi Jeff, What happens if your child was diagnosed after the three year statute of limitations was up...can you file a lawsuit or do you still have to go thru nvicp? R. Re: Vaccine Injury Alliance. > >So you won't tell me what I need to know? Whether or not these other firms > >are ethical, good at what they do etc. etc.? Why is it crucial that they > >file with the NVICIP first? Why aren't all you guys just getting together > >and make it a nationwide deal? Also, which is better, class action, or > >individual? > >Barb > > > ======================================================= > Quote Link to comment Share on other sites More sharing options...
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