HR-3741

[Guest guest]

Ladies & Gentlemen: We have a number--HR 3741

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By Mr. BURTON of Indiana (for himself, Mr. WAXMAN, Mr. WELDON of

Florida, Mr. NADLER, Mr. GILMAN, Mr. HORN, Mr. DUNCAN, Mr. FROST,

Mrs. MORELLA, Mr. KUCINICH, Mrs. JO ANN DAVIS of Virginia, and Mr.

TOM DAVIS of Virginia): H.R. 3741. A bill to amend the Public Health

Service Act with respect to the National Vaccine Injury Compensation

Program; to the Committee on Energy and Commerce.

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Peacefully,

Jeff Sell

Hitt * * Sell

4309 Yoakum Blvd.

Suite 2000

Houston, TX 77006

www.HittSell.com http://www.HittSell.com

713.654.7776

713.654.7789 (fax)

JZSell@... JZSell@... (office)

832.797.8191 (cell/v-mail)

jzsell@... jzsell@... (home)

For Immediate Release:

Contact: Mark Corallo/ Beth Frigola

February 13, 2002

(202) 225-5074

Lawmakers Seek Reforms in Vaccine Injury Compensation Program

Washington, D.C. - A bipartisan group of lawmakers led by Government

Reform Committee Chairman Dan Burton (R-IN) and Ranking Member Henry

Waxman (D-CA) today introduced legislation to make the Vaccine Injury

Compensation Program more generous and compassionate. During two days

of hearings before the Government Reform Committee, families of

injured children complained about long delays, overly adversarial

tactics employed by government lawyers, and other difficulties with

the program.

The legislation introduced today would:

Increase the compensation for vaccine-related deaths to $300,000;

Make the compensation for lost earnings more generous;

Allow compensation for the costs of family counseling and creating a

guardianship; Allow for the payment of interim attorneys fees and

costs while a case is under review; Extend the statute of limitations

for filing a petition to six years; and Establish a two-year window

for families to file a petition if they were previously excluded from

the program by the existing two-year statute of limitations.

" Vaccine-related injuries are devastating for families that have to

deal with them, " said Burton. " Congress intended this program to be

swift, compassionate and generous. However, too many times, these

families are confronted by bureaucratic indifference, long delays and

overly adversarial tactics. We heard testimony from parents who

fought for ten years to win compensation for their children. That's

not acceptable. This bill won't fix every problem that people have

experienced, but it's a good first step. We have bipartisan support

for this bill, and I hope we can get it signed into law this year. I

want to thank Congressmen Waxman, Congressman Weldon, and all of the

other cosponsors who helped put this bill together. " " The Vaccine

Injury Compensation Program has been largely successful in

stabilizing the vaccine industry; in maintaining public confidence

in immunizations; and in compensating people who have been injured by

vaccines.

However, the system is not perfect. This legislation would help to

improve the program and help to make sure that it is as generous and

easy as it can be, " said Waxman. Immunizations are considered the

most important public health achievement of the 20th Century. Because

of immunizations, children are no longer disabled by polio, suffer

brain damage from measles, or die from smallpox. However,

immunizations are not risk-free. In rare cases, they can cause

serious injuries.

Congress created the Vaccine Injury Compensation Program in 1986 to

compensate families quickly and generously when vaccine injuries

occur. At the time, vaccine manufacturers were facing numerous

vaccine injury lawsuits and were threatening to leave the market.

Creation of the VICP helped keep manufacturers in the market and

stabilize vaccine supply. Under the program, vaccine makers are

partially shielded from liability for vaccine-related injuries. An

excise tax is charged with each dose of vaccine. The proceeds go

into a Federal fund used to compensate victims.

Joining Burton and Waxman as original cosponsors of the bill are:

Rep. Dave Weldon (R-FL)

Rep. Jerrold Nadler (D-NY)

Rep. Ben Gilman (R-NY)

Rep. Steve Horn (R-CA)

Rep. Duncan, Jr. (R-TN)

Rep. Frost (D-TX)

Rep. Connie Morella (R-MD)

Rep. Dennis Kucinich (D-OH)

Rep. Jo Ann (R-VA)

Rep. Tom (R-VA)

The legislation expands on a set of reforms proposed by the Advisory

Commission on Childhood Vaccines in 1999. It also addresses problems

identified by parents of injured children who testified at two

Government Reform Committee hearings last fall.