VICP - Vaccine Injury Compensation Program was Homeland Security Bill

[Guest guest]

At 09:06 PM 3/16/2008, you wrote:

>Can anyone direct me to the bill or a link that would show how you cant

>sue a manufacturer for vaccine damage? I was telling a friend and she

>said, " well, you sign waivers for a lot of things " . I said, " Even

>though there are waivers out there you still have a right to

>sue...whether or not you win is a different story, but here you can't

>even try.

>

>I need to show her this. She thinks it's not true!!

>

>She has a baby due VERY soon! A boy too

>

>Stacey

Hi Stacey

It isn't homeland security bill - that was Eli Lilly and I'll send

info on that in a minute

It goes back much further - it is a no-fault program - the vaccine

manufacturers have NO liability for their products

Vaccine companies refused to make vaccines unless the government

granted them no liability - blackmailed the government who thinks we

need vaccines

ONLY certain vaccine are covered by the program and very limited

reactions are admitted to

http://wwwtest.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/F/vicp-def.pd\

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The VICP is a no-fault alternative to the traditional tort system for

resolving vaccine injury

claims. It was established as part of the National Childhood Vaccine

Injury Act of 1986,

after a rash of lawsuits against vaccine manufacturers and healthcare

providers threatened

to cause vaccine shortages and reduce vaccination rates.

" A petitioner may file a claim in civil court

against the vaccine company and/or the vaccine administrator only

after first filing a claim

under the VICP and then rejecting the decision of the Court.

"

ONLY after it has gone through the process which can a decade or

longer................can you even try to sue the vaccine maker

http://www.hrsa.gov/vaccinecompensation/

National Vaccine Injury Compensation Program (VICP)

On October 1, 1988, the National Childhood Vaccine Injury Act of 1986

(Public Law 99-660) created the National Vaccine Injury Compensation

Program (VICP). The VICP was established to ensure an adequate supply

of vaccines, stabilize vaccine costs, and establish and maintain an

accessible and efficient forum for individuals found to be injured by

certain vaccines. The VICP is a no-fault alternative to the

traditional tort system for resolving vaccine injury claims that

provides compensation to people found to be injured by certain

vaccines. The U. S. Court of Federal Claims decides who will be paid.

Three Federal government offices have a role in the VICP:

http://www.nvic.org/Issues/Injury_Compensation.htm

Details on above website

excerpt

2) Injuries or deaths occurring after October 1, 1988:

* A citizen is required to apply for federal compensation prior

to pursuing a lawsuit.

* The system will offer to pay up to $250,000 for a vaccine

associated death.

* The system will offer to pay for all past and future

unreimbursed medical expenses, custodial and nursing home care; up to

$250,000 pain and suffering; and loss of earned income.

* If a citizen rejects the award or is turned down, a lawsuit may

be filed.

* Claims must be filed within 24 months of a death and 36 months

of an injury.

* Restrictions may apply to lawsuits.

* The system is funded by a sur-charge on each dose of vaccine sold.

http://www.hrsa.gov/vaccinecompensation/

National Vaccine Injury Compensation Program (VICP)

On October 1, 1988, the National Childhood Vaccine Injury Act of 1986

(Public Law 99-660) created the National Vaccine Injury Compensation

Program (VICP). The VICP was established to ensure an adequate supply

of vaccines, stabilize vaccine costs, and establish and maintain an

accessible and efficient forum for individuals found to be injured by

certain vaccines. The VICP is a no-fault alternative to the

traditional tort system for resolving vaccine injury claims that

provides compensation to people found to be injured by certain

vaccines. The U. S. Court of Federal Claims decides who will be paid.

Three Federal government offices have a role in the VICP:

http://www.whale.to/v/vicp5.html

" VICP is the boondoggle Congress set up to free MDs and

pharmaceutical manufacturers from most liability from their

vaccination behavior. In creating VICP Congress had to DEMAND that

MDs make reports of suspected vaccine injury and suspected vaccine

death. [ Pediatrics 1988] - yet in 1993 then-FDA Commissioner

Kessler, MD published evidence that physicians were failing to

report up to 99% of serious adverse reactions to

medications. " --<http://www.whale.to/vaccines/gostaldo1.html>Todd Gostaldo DC

http://www.whale.to/vaccines/nvicp.htm

irst of all do not confuse VAERS with the VICP.

VAERS is the Vaccine Adverse Events Reporting System which was set up to be

a centralized reporting system for all vaccine reactions, injuries or

deaths. It receives reports from anyone including parents but has nothing to

do with deciding who gets compensated.

VICP is the Vaccine Injury Compensation Program and was set up under

PL-99-660 along with VAERS. When the CDC recommends a vaccine for universal

use it is then added to the compensation program. There is a table of

compensable events and if your injury fits into this table (includes time)

then it is presumed to be a vaccine injury. If the injury falls outside the

table of injuries and time then it is called an " off the table " case and you

have to prove your case much like you would in a court battle. The big

difference of course is that you are fighting the United States Government,

defended by the Department of Justice, instead of a drug company. In a

lawsuit against a drug company there is a process called " discovery " . This

is the fact finding part of the trial and an injured person can ask for all

the documents from the drug company that could be related to the product.

Again, this does not happen in the compensation program.

Vaccines are licensed on a fast track now a days and there is very little

study done on the front end. There are very few reports published in medical

journals discussing adverse events because the government and the drug

companies conduct the studies.

Vaccines now come into the program without events attached to them and it

forces people into an " off the table " situation. These cases are very

difficult to win.

Hope this helps

Kathi

[National Vaccine Information Center]

http://www.state.in.us/isdh/programs/immunization/VaccineSafety/VICP.pdf

http://wwwtest.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/F/vicp-def.pd\

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