American Academy Of Pediatrics Applauds U.S. Supreme Court Decision To Uphold Vaccine Injury Compensation Program

February 25, 2011

no mention to the part of the act that said if you didn't get

compensation in the Vaccine Injury court you could proceed to sue on your

own.

so how could the Supreme Court say you couldn't sue them, if the ACT says

you can

Anyone?

Sheri

http://answers.hrsa.gov/app/answers/detail/a_id/897/session/L3RpbWUvMTI5ODY4ODIxNC9zaWQvd0x6U0Z5bms%3D

" Under the Act, persons with claims of

vaccine-related injuries or deaths resulting from covered vaccines

must first exhaust their remedies under the VICP before they can

pursue legal actions against vaccine administrators. In order

to exhaust the remedies available under the VICP and pursue a legal

action against a vaccine administrator outside of the VICP, a VICP

petitioner must either withdraw his or her petition (if the special

master of the Court has failed to issue a decision or the Court has

failed to enter judgment within the time provided by the Act) or reject

the judgment under the VICP. "

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http://www.medicalnewstoday.com/articles/217279.php

The American Academy of Pediatrics (AAP), which represents 60,000

pediatricians, stands behind today's U.S. Supreme Court ruling in

Bruesewitz v. Wyeth, Inc. (No. 09-152, S. Ct.) to preserve the Vaccine

Injury Compensation Program (VICP) and safeguard the nation's vaccine

supply.

In July 2010, the AAP joined 21 partnering health organizations to file

an amici curiae (friends of the court) brief in the case, urging the

Court to protect the VICP established in the National Childhood

Vaccine Injury Compensation Act of 1986 ( " Vaccine Act " ) by

confirming that the law preempts design defect claims against vaccine

manufacturers. Today, in a 6-2 decision, the Court upheld a recent ruling

by the Third Circuit Court and supported the Academy's position in the

case, holding, " The National Childhood Vaccine Injury Act preempts

all design-defect claims against vaccine manufacturers brought by

plaintiffs who seek compensation for injury or death caused by vaccine

side effects. "

" Childhood vaccines are among the greatest medical breakthroughs of

the last century, " said AAP President O. n Burton, MD, FAAP.

" Today's Supreme Court decision protects children by strengthening

our national immunization system and ensuring that vaccines will continue

to prevent the spread of infectious diseases in this country. " In

1986, access to life-saving vaccines was in jeopardy. Congress responded

by passing the Vaccine Act, which established the no-fault alternative

VICP to compensate the families of children who suffer from rare adverse

reactions caused by vaccines, and to protect the nation's vaccine supply.

Today's ruling preserves the Vaccine Court set up through the VICP as the

first entry point for families seeking compensation for injuries caused

by childhood vaccines.

By providing an avenue for vaccine injury claims separate from the

traditional litigation process, the Vaccine Court has expedited

compensation for families in need, prevented manufacturers from

abandoning the vaccine market, and ensured a stable supply of vaccines to

protect against countless childhood diseases.

" Today, the U.S. Supreme Court affirmed what pediatricians have been

advocating for decades, " said Dr. Burton. " Vaccines save

lives. "

Source:

American Academy of Pediatrics

Sheri Nakken, former R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

Vaccines -

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February 25, 2011