FW: VIAM October 2002 e-Newsletter (land)

[Guest guest]

VIAM October 2002 e-Newsletter

The Place to Be:

Fairland Library

Sunday, October 20th 2:00 to 4:00!

That's 14910 Old Columbia Pike, Burtonsville 20866. Call the library at

301-421-5400 for directions or use computer directions such as

www.mapquest.com/directions . No fee. No registration required.

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Takoma Park Folk Festival!!

The Takoma Park Fold Festival last month was great fun with great

conversations and lots of written VIAM information distributed.

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Informational Meetings for 2002-2003

in Montgomery County:

Below is the schedule for meetings this coming year in Montgomery County

Libraries:

* Fairland, Sunday, 2:00 to 4:00 October 20

* Poolesville, Saturday, 10:30 to 12:30 November 16

* Kensington, Monday, 6:30 to 8:30 December 2

* Aspen Hill, Saturday, 11:00 to 1:00 January 11

* Quince Orchard, Thursday, 6:30 to 8:30 February 13

* Gaithersburg,, Sunday, 2:00-4:00, March 9

* Twinbrook, Saturday, 11:00 to 1:00, April 26

* Olney, Sunday, 2:00 to 4:00 May 18

* Long Branch, 11:00 to 1:00, June 7

For additional information about the above libraries, you can contact

www.montgomerylibrary.org.

See you there!

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Contribute to a Poll on Smallpox Vaccines

http://www.msnbc.com/news/817164.asp?

Poll on the lower/mid left hand side of the page...48% voted

yes....Yikes! I voted no.

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Attached is a schedule for the year. Please print and post in your

neighborhood!

Buxbaum

Director, VIAM

301-897-8962

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I am including the following article, because it may impact some

people's ability to obtain a religious exemption for the medical

procedure of vaccination here in land.

Regulation In Medical Privacy Law Allows Access To You Personal Records

Soon!

" Beginning Oct. 15, 2002, your existing medical records . . . will be

opened up to the federal government and private corporations and many

others, " says the Institute for Health Freedom. Currently, the mandate

requires physicians and other health_care practitioners to get a

patient's

consent before releasing personal health information for the purposes of

treatment, payment or other " health-care operations " . Control over your

medical records by placing them in a central data base is the corner

stone

of the Clinton government ran health care plan. Over the public out cry

of

concerned citizens HHS Secretary Tommy counted all the votes

opposing this mandate as one. (Editors note: What has happened to US

Citizens voice in matters that govern out lives?)

HHS Secretary Tommy said the rule needed to be revised because

as

it is, it is cumbersome for patients and inefficient for the health_care

industry and personal medical data wouldn't be available . . .

" Patients now will have a strong foundation of federal protections for

the

personal medical information that they share with their doctors,

hospitals

and others who provide their care and help pay for it, " said.

" The

rule protects the confidentiality of Americans' medical records without

creating new barriers to receiving quality health care. It strikes a

common

sense balance by providing consumers with personal privacy protections

and

access to high_quality care. " Institute For Health Freedom (IHF) and

others

disagree, calling 's reassurances " misleading. " for this less

privacy rule will allow data processing companies, insurers,

researchers,

government officials. i.i.e.. access to individuals' personal health

information " without their permission,

Under the old rule " When we leave a doctor or want medical records

transferred for any reason, a consent form establishes that the patient

has

approved the transfer of the record, " Sue Blevins of IHF told

WorldNetDaily. " If we have a personality conflict with a prior

physician,

we can start over fresh with any new doctor by simply not approving the

transfer of the medical record. "

" For the first time in our nation's history, the federal government has

given the medical industry full access to individuals personal health

information without [their] permission, " said Blevins. " If Enron or

WorldCom executives had distorted the truth the way HHS officials have

about the federal medical privacy rule, they probably would be charged

with

false advertising. "

Finally, HHS says patients " generally " will be " able to access their

personal medical records and request changes to correct any errors. " " We

took great care to make sure we weren't creating greater hardships or

more

health_care bureaucracy for patients as they seek to get prompt and

effective care, " says . But, IHF and others say the government

had

no role to play in the issue in the first place. Contrary to the

verbiage

used this privacy rule actually is " less privacy rule " .

Under the HHS guidelines, most health_care providers must fully comply

with

the new rule by April 14, 2003, even though they can disclose some

personal

health information beginning October 15, IHF said.

Those concerned about losing their medical privacy have three basic

options:

* Implore President Bush to sign an executive order to " immediately

overturn " HHS's proposed rule change;

* Seek legal assistance to " file a lawsuit calling for a temporary

injunction to stop the rule from taking effect " ;

* Press lawmakers " to pass emergency legislation to stop the release " of

medical records " or to utilize the Congressional Review Act to stop

the

revised federal medical privacy rule from taking effect. "

World Net Daily, Jon Dougherty, August 28, 2002,

http://www.WorldNetDaily.com

Institute for Health Freedom, " Health Freedom Watch " , Sue A.

Blevins, www.ForHealthFreedom.org

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Diabolical Vaccine Law Proposed

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%20article%20was%20recommended%20to%20you%20by%20a%20friend:%20http://ww

w.mercola.com/2002/oct/9/vaccine_law.htm.%20It%20is%20from%20http://www.

mercola.com%20which%20is%20one%20of%20the%20most%20visited%20health%20si

tes%20on%20the%20Internet.> E-mail to a friend

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Dawn from PROVE provided the following request:

Last month we asked you to write letters to your Congressional Senators

to oppose the diabolical Frist Bill (S 2053) which completely exempts

vaccine manufacturers from any liability and creates many other problems

for the vaccine injured.

Well, recess has come and gone, and not only is it back, but it is

multiplying and has a House companion bill HR 5282.

Please write to your Congressional Representative by linking to

http://www.house.gov/writerep/ urging him or her to DEFEAT HR 5282 and

instead, support the Congressman Burton and Waxman's HR 3741!

You could even cut and paste the supporting documentation below into

your note. If you can take a few extra minutes and contact the committee

chairs listed below also, that would go a long way to derailing this

monster.

If you are really feeling spunky, you could even save a copy of your

letter to your Representative and get it to your local newspaper and

encourage them to do a story on this. Politicians who make policy

decisions based on political contributions often change their tune and

respond when theyknow the public is watching.

Thank you Jeff Sell for putting this together for us.

Sincerely, Dawn , PROVE <http://www.vaccineinfo.net/>

HR 5282 By the Numbers...Again

Representative Greenwood (R-PA) has introduced the " Improved

Vaccine Affordability and Availability Act " or HR 5282, to amend the

National Vaccine Injury Compensation Program ( " Program " ). While undoing

every gain that petitioners' families have made over the past several

years, HR5282 also represents an attack on the very spirit of the

Vaccine Program as it sacrifices the best interests of our children for

the sake of protecting the vaccine manufacturers.

Unlike its counterpart bill in the House of Representatives, HR 3741,

the Frist amendment in the Senate does little if anything to protect or

defend, let alone extend the rights of children in this country who have

been injured by their recommended childhood vaccinations. Rather, it is

determined, almost cynical, in its apparent disregard of those rights.

This week he changed HR 5282 again, and launches a new and improved

assault, not only on the children of this country, but their families

too. While nearly every section of the amendment is disheartening,

several sections stand out. The latest version is contrasted below.

Reducing Public Awareness

SEC. 201: Administrative Revision of the Vaccine Injury Table HR 5282

cuts in half the time allowed for public comment (from 180 days to 90

days) when a change in the Vaccine Injury Table is proposed. It further

eliminates the Secretary of HHS' obligation to hold a public hearing on

the issue.

The effect is to drastically reduce the already scant public awareness

of this Program, and thus, limit the number of potential petitioners. In

this new version, Frist further reduces the time allowed for the

public's input to a mere 60 days. Again, the effect is a drastic

reduction in public awareness, and the public's ability to challenge

these changes.

Removing All " OPT-OUT " Actions

SEC. 202: Equitable Relief HR 5282 begins, here in Sec. 202, the first

of its several-pronged attack, and ultimately, elimination of, the

various forms of civil actions currently ongoing throughout the country,

including the class actions seeking medical monitoring. By including the

language " equitable relief " in the damages or awards sought section, HR

5282 clearly removes the possibility of civil suits seeking medical

monitoring, or other, non-monetary awards. Medical monitoring suits are

specifically eliminated in SEC. 214. The effect of this provision, along

with Sections 203-204 and 214-217 is to make sure that anyone with an

injury from a vaccine MUST go through the Program first.

A new twist was added with this latest version. With the addition of the

" past injury " concept, Frist manages to pull a whole new class of

injured into the Program as well. Whether your injury is past or present

- you MUST GO THROUGH THE PROGRAM. This concept is carried throughout

the changes. Again, everyone must go through the Program.

SEC. 203: Parent, Legal Guardian or Spouse Petitions for Compensation HR

5282 eliminates parental claims for loss of consortium, society,

companionship or services, loss of earnings, medical or other expenses,

and emotional distress until after a claim has been made through the

Program.

The effect of this provision is to, again, make sure everyone has to go

through the Program first, and eliminates another form of the civil

suits ongoing across the country. An added boost to the manufacturers

here - while the bill had originally forced parents to wait until the

child's claim had been filed in the Program, now the child MUST ALSO

PREVAIL on his claim and be awarded compensation.

Then the Parent must file a newly-created " derivative " petition within

60 days of the final judgment of the child's case AND get their OWN

judgment (or have elected to withdraw their derivative petition). But

here's the real catch - if the child wins AND accepts the award...the

parents, legal guardians, and spouses, are BLOCKED from filing civil

suits. As for the parents' judgments in a derivative suit - they are

capped at the lesser of $250,000 or the equal of the child's awarded

compensation

HR 5282 then creates a new group of those " eligible to file " : Parents,

legal guardians or spouses. This group may file derivative petitions,

which requires the following:

1. An affidavit, and supporting documentation, demonstrating that: a.

the child was previously awarded compensation in a final judgment b. the

derivative petition was filed NOT LATER THAN 60days after the date which

the child's judgment became final c. the parent suffered a loss

compensable under section 2115( i.e. lost earnings, pain & suffering &

attorneys fees, as a result of the vaccine-related injury or death

sustained by such child, AND d. such parent has not previously collected

an award or settlement of a civil action.

SEC. 214: Clarification of Standards of Responsibility HR 5282 requires,

in this section, a " present physical injury " , preventing any actions for

medical monitoring. The section further specifically adds the " equitable

relief " language and eliminates actions for claims of " medical

monitoring, or increased risk of harm " . He adds " past physical injury " .

SEC'S. 215-217: Clarification of Definitions of Manufacturer,

Vaccine-Related Injury or Death and Vaccine HR 5282 in these three

sections, affirmatively states that an " adulterant or contaminant shall

not include any component or ingredient listed in a vaccine's product

license application or product label. " The purpose of these

clarifications is to eliminate the legal theory that Thimerosal is a

contaminant or adulterant.

SEC. 204: Jurisdiction to Dismiss Actions Improperly Brought HR 5282

gives the manufacturers the right to remove to the US Court of Federal

Claims any civil action against the manufacturer, brought by a family

without first going through the Program, and requires the USCFC to

dismiss the action.

SEC. 204 works in tandem with 202-203 and 214-217 in preventing direct

actions against the manufacturers. With parental claims, medical

monitoring and Thimerosal asadulterant representing the only options for

families outside of the Program, the bill acts as a three strikes and

you're " in " bill, effectively preventing any direct action against a

vaccine manufacturer without first going through the Program. The bill

adds the derivative petitioners here - parental, legal guardian, and

spousal claims MAY BE REMOVED AND DISMISSED.

Strengthening Goliath's Position

SEC. 206: Clarification of When Injury is Caused By Factors Unrelated to

Administration of Vaccine HR 5282 gives the Government additional

weapons in its arsenal to knock down petitioners' arguments and

ultimately deny claims. It does so by creating " new " causes for the

injury that HR 5282 deems " unrelated " to the vaccine. This provision now

gives the government the power to deny compensation if a child has any

structural lesion, genetic abnormality, toxin, infection, trauma, or

metabolic disturbance, AND THE GOVERNMENT DOESN'T EVEN HAVE TO PROVE THE

CAUSE OF THESE FACTORS OR THAT THEY ARE POTENTIAL CAUSES OF THE INJURY

ALLEGED. The absurdity of this is evident.

Obviously, there are genetic and other differences in children that

explain why some children react to a vaccine and some do not. If that

were not the case, then every child would react identically. This

section will have the effect of denying compensation for most children

who file in this program.

Weakening 's Position

SEC. 208: Basis for Calculating Projected Lost Earnings HR 5282 destroys

Petitioners' hard-fought and grudgingly conceded progress in getting

realistic and " real world " compensation for injured children. The

amendment reinforces the Program's original language and gives the

Secretary of HHS the sole right to determine what is an " appropriate "

formula for determining projected lost earnings.

In the past this " discretion " has led to the absurd and contradictory

result of injured children's projected earnings being reduced by Social

Security taxes, though they will never work and pay into Social

Security, AND being reduced by the FULL COST OF A HEALTH INSURANCE

POLICY (sometimes thousands of dollars) despite the fact that " average "

workers are NOT responsible for the full cost, but rather a sharply

reduced amount as their employer pays the balance. It has further

allowed the Government to selectively use data from the Bureau of Labor

Statistics while refusing to provide Petitionerswith data.

Other Key Points

HR 5282 fails to provide a " look back " provision, as in HR 3741that will

allow hundreds of families to exercise their rights under the Program.

HR 5282 fails to extend the statute of limitations for death cases -

death cases must still be filed within two years of the date of death.

HR 5282 fails to provide for interim attorneys fees. The families of

injured children have a right to effective counsel.

The children injured by vaccines face an adversary of nearly unlimited

financial and scientific resources. Their cases reach levels of

complexity, both medical and legal, that would rival any toxic-tort

class action. Their lawyers are, in effect, pro bono representatives

throughout the course of the case, often for years, and unable to meet

or even approach a level playing field with the Government's lawyers. HR

5282 also FAILS to provide for interim costs with a neat semantics

trick: changing his prior language of allowing interim costs (not

including attorneys fees), Rep. Greenwood, in his benevolence, now says

that the Special Master may award interim costs SO LONG AS THE SPECIAL

MASTER OR COURT HAS DETERMINED THAT THE PETITIONER IS ENTITLED TO

COMPENSATIONUNDER THE PROGRAM.

The only problem is that entitlement is decided AT THE END-which is

clearly NOT in the interim. HR 5282 creates a brutal and unforgiving

legal battle, ostensiblyin the " best interests " of injured children,

strips them of their defenses and then forces them onto the field. In

short, S 2053 not only bloodies the battlefield, it fails to render even

basic aid to the wounded.

Other changes:

HR 5282 changes the definition of " timely resolutions of claims " . For

purposes of this provision the petition shall be deemed to be filed on

the date on which all petition contents and supporting documents are

served on the Clerk of the Court. That means that you wait out the

deadline period and then withdraw the case and file civilly.

In order the file a civil suit, you have to file a complete vaccine case

- not just wait out the time period. HR 5282 amends the provisions

related to the Trust Fund as follows: In section 9510( c )(1) of the

Internal Revenue Code by first adding the phrase " or related loss " to

bring in derivative claims. It further changes the following text:

Amounts in the fund shall be available for the payment of all expenses

of administration (striking 'but not in excess of$9,500,000 for any

fiscal year') incurred by the Federal Government in administering such

subtitle (adding (i) 125 percent of the base amount for any fiscal year

in which the total number of claims pending under such subtitle exceeds

150 percent of the average number of claims pending in the preceding 5

years, (ii) same language but for 175 percent/200 percent split, (iii)

same 225 percent/250 percent, (iv) or 275 percent/300 percent.) HR 5282

now applies to all pending and subsequent actions or proceedings to the

enactment date unless a court has entered judgment (regardless of

whether the time to appeal has expired) in such action or proceeding

disposing of the entire action or proceeding.

PLAN OF ACTION

Rep. Greenwood (R-PA) has introduced HR 5282 in the House. Thisis

the companion bill to the Senate version that was introduced by Sen.Bill

Frist, the infamous S 2053. The House version has the same problems the

the Frist Bill has so, the same analysis applies. Contact Rep.

Greenwood's office if you care to comment (hint, hint).

WASHINGTON D.C. OFFICE

2436 Rayburn House Office Bldg.

Washington, D.C. 20515

(202) 225-4276 (202) 225-9511 (fax)

or by e-mail http://www.house.gov/greenwood/IMA/get_address.htm

Also, this bill may soon be taken up by the House Subcommittee on

Health, Chaired by Rep. Bilirakis (R-FL). Take the time to

contact his office and let the Subcommittee know how you feel. Chairman

Bilirakis Sub-Committee on Health The Committee on Energy and

Commerce 2125 Rayburn House Office Building Washington, DC 20515 (202)

225-2927 (202) 225-1919(fax) Feedback link:

http://energycommerce.house.gov/107/feedback.htm

Also, to reach Chairman Bilirakis directly via e-mail, you need to jump

through a few hoops. Go to http://www.house.gov/htbin/wrep_findrep or ,

if that doesn't work, go to http://www.house.gov/bilirakis/ , then go to

the E-mail Congressman Bilirakis section and type in a local zip-code

such as: 34639 -4437and you should be able to send him an e-mail. He is

difficult to reach if you don't live in his District.

PLEASE, remind them that HR 3741--the Burton/Waxman bill is preferred by

all those who truly care for children.

Thank you.

Jeff Sell Hitt * * Sell

4309 Yoakum Boulevard

2nd Floor Houston, Texas

77006 713.654.7776 713.654.7789 (fax)

<http://www.hittpattersonsell.com/> www.HittSell.com

JZSell@...

832-731-3145 (cell/v-mail)

Vaccine Injury Alliance www.vaccineinjury.org

<http://www.vaccineinjury.org/>