LAW on VACCINE RECORDS information& LAW

[Guest guest]

Subject: Fwd: RE: [autism-awareness-action] Do you know the answer to

this question? Jeff; I reposted your article so the title would reflect

what it contained. I think that the information is that important, and

will greatly help everybody obtain their records. Folks if you are having

trouble getting records, print out the law, and show it to the doctor.

Yelling at them in the office won't do it, but Jeff's post will.

ltldab1@ juno.com

Hi Folks:

No, it's not true that they would be dodging a bullet. They

would

be risking their livlihood if they destroy the records. If doc's do

destroy

records after 7 years they are violating Federal law and subject to

large

fines and a presumption that the records were damaging in med mal

cases. We

have not run into such a problem on any of our 1800+ cases. Here is

the

law:

*************************************************

42 USC Sec. 300aa-25

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER XIX - VACCINES

Sec. 300aa-25. Recording and reporting of information

(a) General rule. Each health care provider who administers a vaccine

set

forth in the Vaccine Injury Table to any person shall record, or

ensure that

there is recorded, in such person's permanent medical record (or in a

permanent office log or file to which a legal representative shall

have

access upon request) with respect to each such vaccine -

(1) the date of administration of the vaccine,

(2) the vaccine manufacturer and lot number of the vaccine,

(3) the name and address and, if appropriate, the title of the health

care

provider administering the vaccine, and

(4) any other identifying information on the vaccine required

pursuant to

regulations promulgated by the Secretary.

( Reporting.

(1) Each health care provider and vaccine manufacturer shall report

to the

Secretary -

(A) the occurrence of any event set forth in the Vaccine Injury Table,

including the events set forth in section 300aa-14( of this title

which

occur within 7 days of the administration of any vaccine set forth in

the

Table or within such longer period as is specified in the Table or

section,

( the occurrence of any contraindicating reaction to a vaccine

which is

specified in the manufacturer's package insert, and

© such other matters as the Secretary may by regulation require.

Reports of the matters referred to in subparagraphs (A) and ( shall

be

made beginning 90 days after December 22, 1987. The Secretary shall

publish

in the Federal Register as soon as practicable after such date a

notice of

the reporting requirement.

(2) A report under paragraph (1) respecting a vaccine shall include

the time

periods after the administration of such vaccine within which

vaccine-related illnesses, disabilities, injuries, or conditions, the

symptoms and manifestations of such illnesses, disabilities,

injuries, or

conditions, or deaths occur, and the manufacturer and lot number of

the

vaccine.

(3) The Secretary shall issue the regulations referred to in paragraph

(1)© within 180 days of December 22, 1987.

© Release of information.

(1) Information which is in the possession of the Federal Government

and

State and local governments under this section and which may identify

an

individual shall not be made available under section 552 of title 5,

or

otherwise, to any person except -

(A) the person who received the vaccine, or

( the legal representative of such person.

(2) For purposes of paragraph (1), the term ''information which may

identify

an individual'' shall be limited to the name, street address, and

telephone

number of the person who received the vaccine and of that person's

legal

representative and the medical records of such person relating to the

administration of the vaccine, and shall not include the locality and

State

of vaccine administration, the name of the health care provider who

administered the vaccine, the date of the vaccination, or information

concerning any reported illness, disability, injury, or condition

resulting

from the administration of the vaccine, any symptom or manifestation

of such

illness, disability, injury, or condition, or death resulting from the

administration of the vaccine.

(3) Except as provided in paragraph (1), all information reported

under this

section shall be available to the public.

**********************************************************************

******

**********

Peacefully,

Jeff Sell

Hitt * * Sell

4309 Yoakum Blvd.

Suite 2000

Houston, TX 77006

713.654.7776

713.654.7789 (fax)

www.HittSell.com

JZSell@H... (office)

jzsell@p... (home)

832.731.3145 (cell/v-mail)

www.vaccineinjury.org

Fw: [autism-awareness-action] Do you know the answer to this

question?

[autism-awareness-action] Do you know the answer to this

question?

We are in the process of filing litigation with the firm Robles Law

Center

with o Villasante, and are therefore in the process of

collecting all

of our sons medical records, in particular the vaccine records

showing the

lot #s. Well, so far, not so good. Our oldest, Landon, is about to

turn 9.

His records do not contain all of the lot #'s. There are some, but

not

all. o seems to think the very ones missing are very crucial.

(Isn't

it a law that the lot #'s have to be there?)

In an attempt to " help " , since the folks that work at the ped. office

now

are not the same as the one's who worked there eight or nine years

ago, they

called the manufacturer of the particular vaccine lacking the lot #

on the

records to get them to trace their records back and see what lot was

shipped

to this particular ped. office in that time frame...... Well, they

told the

ped. office that they destroy all of their records after seven

years. Now,

we have no way to find out this information.

Is it true that they destroy records after seven years, or are they

dodging

the bullet here?

Thanks so much,

Trina, mom to four boys: Landon(8yr, autism), Chandler (7yr), Holden

(3yr),

Keller (1yr, expressive language delay)

_________________________________________________________________

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