Do you know the answer to this question?

[Guest guest]

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

>(Isn't it a law that the lot #'s have to be there?)

>

It's been about 6-7 years since I've worked in a drs. office, but at

that time there was no requirement to keep the lot #'s. SOME docs did

it to cover their backsides, but it wasn't required, as far as I know.

It also may depend on the state law where you live. That's something

the lawyers should know and would be the best ones to ask about it.

> In an attempt to " help " , 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?

>

Again, when working for the docs we were required to keep the actual

records in the office or a readily acessible place for 10 years. After

that we could microfilm them and store them. Not sure if this was

state law or federal law. I'm sure it's probably tied into the statue

of limitations on malpractice and such. But most docs I know are

afraid to destroy ANY patient records and you would think the drug

companies would be too. One would think they would at least have the

info on microfilm.

Personally it sounds like someone didn't want to be bothered looking

for lot#'s.

Again the lawyers would be the best one to answer these questions for

you since I have a feeling it varies from state to state.

Vickie

[Guest guest]

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

>(Isn't it a law that the lot #'s have to be there?)

>

It's been about 6-7 years since I've worked in a drs. office, but at

that time there was no requirement to keep the lot #'s. SOME docs did

it to cover their backsides, but it wasn't required, as far as I know.

It also may depend on the state law where you live. That's something

the lawyers should know and would be the best ones to ask about it.

> In an attempt to " help " , 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?

>

Again, when working for the docs we were required to keep the actual

records in the office or a readily acessible place for 10 years. After

that we could microfilm them and store them. Not sure if this was

state law or federal law. I'm sure it's probably tied into the statue

of limitations on malpractice and such. But most docs I know are

afraid to destroy ANY patient records and you would think the drug

companies would be too. One would think they would at least have the

info on microfilm.

Personally it sounds like someone didn't want to be bothered looking

for lot#'s.

Again the lawyers would be the best one to answer these questions for

you since I have a feeling it varies from state to state.

Vickie

[Guest guest]

>>in particular the vaccine records showing the lot #s.

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

they dodging the bullet here?

You may want to post this on the autism treatment board.

/

.

[Guest guest]

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)

_________________________________________________________________

MSN Photos is the easiest way to share and print your photos:

http://photos.msn.com/support/worldwide.aspx

[Guest guest]

Ladies:

Vicki summed it up quite nicely. Here is the " Federal " law on

recording keeping. It covers all 50 states and is quite clear. We have not

had any problems getting records for our clients, we just ask and send a

signed authorization from the client. Perhaps some folks treat parents

differently than lawyers, and , that is a shame. Just ask them again and

give them a copy of the statute since they have apparently misplaced

it!!!!!!!--

Peacefully,

Jeff Sell

Hitt * * Sell

4309 Yoakum Blvd.

Suite 2000

Houston, TX 77006

713.654.7776

713.654.7789 (fax)

www.HittSell.com

JZSell@... (office)

jzsell@... (home)

832.731.3145 (cell/v-mail)

www.vaccineinjury.org

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.

________________________________________________________________________

________________________________________________________________________

Message: 1

Date: Sun, 30 Jun 2002 23:13:08 -0000

From: " risnowball " <vickieklein@...>

Subject: Re: Do you know the answer to this question?

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

>(Isn't it a law that the lot #'s have to be there?)

>

It's been about 6-7 years since I've worked in a drs. office, but at

that time there was no requirement to keep the lot #'s. SOME docs did

it to cover their backsides, but it wasn't required, as far as I know.

It also may depend on the state law where you live. That's something

the lawyers should know and would be the best ones to ask about it.

> In an attempt to " help " , 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?

>

Again, when working for the docs we were required to keep the actual

records in the office or a readily acessible place for 10 years. After

that we could microfilm them and store them. Not sure if this was

state law or federal law. I'm sure it's probably tied into the statue

of limitations on malpractice and such. But most docs I know are

afraid to destroy ANY patient records and you would think the drug

companies would be too. One would think they would at least have the

info on microfilm.

Personally it sounds like someone didn't want to be bothered looking

for lot#'s.

Again the lawyers would be the best one to answer these questions for

you since I have a feeling it varies from state to state.

Vickie

________________________________________________________________________

________________________________________________________________________

Message: 2

Date: Sun, 30 Jun 2002 19:20:55 EDT

From: mcro99@...

Subject: Re: records

I have had some horrible mistakes made by some doctors. I have signed

releases to have these records sent to my new doctors. The requests have

been ignored! I have spoken to 3 different law firms regarding this. Not

sure whether to proceed or not. I want the records first!

Michele

[Guest guest]

I don't know if the vaccine manufacturer is allowed to destroy records, but I

can tell you that your pediatrician was required by law to note the manufacturer

and lot # when the shot was given. If they know the manufacturer and the year,

they should know if the shot had thimerosal or not, regardless of the lot #.

[Guest guest]

Jeff,

Thanks for this info. What about Rhogam? Are providers obligated to

keep records of dosage, type/brand given, lot numbers, etc?

Thanks for everything,

Ann

> Ladies:

> Vicki summed it up quite nicely. Here is the " Federal " law on

> recording keeping. It covers all 50 states and is quite clear. We

have not

> had any problems getting records for our clients, we just ask and

send a

> signed authorization from the client. Perhaps some folks treat

parents

> differently than lawyers, and , that is a shame. Just ask them

again and

> give them a copy of the statute since they have apparently misplaced

> it!!!!!!!--

> 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

>

>

>

> 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.

>

>

______________________________________________________________________

__

>

______________________________________________________________________

__

>

> Message: 1

> Date: Sun, 30 Jun 2002 23:13:08 -0000

> From: " risnowball " <vickieklein@h...>

> Subject: Re: Do you know the answer to this question?

>

> --- In @y..., " Trina Montgomery " <boymom_4@h...>

wrote:

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

> >(Isn't it a law that the lot #'s have to be there?)

> >

> It's been about 6-7 years since I've worked in a drs. office, but at

> that time there was no requirement to keep the lot #'s. SOME docs

did

> it to cover their backsides, but it wasn't required, as far as I

know.

> It also may depend on the state law where you live. That's something

> the lawyers should know and would be the best ones to ask about it.

>

> > In an attempt to " help " , 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?

> >

> Again, when working for the docs we were required to keep the actual

> records in the office or a readily acessible place for 10 years.

After

> that we could microfilm them and store them. Not sure if this was

> state law or federal law. I'm sure it's probably tied into the

statue

> of limitations on malpractice and such. But most docs I know are

> afraid to destroy ANY patient records and you would think the drug

> companies would be too. One would think they would at least have the

> info on microfilm.

>

> Personally it sounds like someone didn't want to be bothered looking

> for lot#'s.

>

> Again the lawyers would be the best one to answer these questions

for

> you since I have a feeling it varies from state to state.

>

> Vickie

>

>

>

>

______________________________________________________________________

__

>

______________________________________________________________________

__

>

> Message: 2

> Date: Sun, 30 Jun 2002 19:20:55 EDT

> From: mcro99@a...

> Subject: Re: records

>

> I have had some horrible mistakes made by some doctors. I have

signed

> releases to have these records sent to my new doctors. The

requests have

> been ignored! I have spoken to 3 different law firms regarding

this. Not

> sure whether to proceed or not. I want the records first!

> Michele

>

>

>

[Guest guest]

Hi Ann:

Nope--Different states have different requirements for retaining

" medical " records in general. Only if the feds step in and preempt an area,

such as medical records relating to designated pediatric vaccinations, does

federal law preempt state law, and specifically require a " permanent office

log or file " be maintained.

What state are you in? E-mail me privately and I'll check on the

law in your state.

My best and Happy 4th.

Peacefully,

Jeff Sell

Hitt * * Sell

4309 Yoakum Blvd.

Suite 2000

Houston, TX 77006

713.654.7776

713.654.7789 (fax)

www.HittSell.com

JZSell@... (office)

jzsell@... (home)

832.731.3145 (cell/v-mail)

www.vaccineinjury.org

________________________________________________________________________

________________________________________________________________________

Message: 3

Date: Wed, 03 Jul 2002 18:38:22 -0000

From: " polypays " <sense@...>

Subject: Re: Do you know the answer to this question?

Jeff,

Thanks for this info. What about Rhogam? Are providers obligated to

keep records of dosage, type/brand given, lot numbers, etc?

Thanks for everything,

Ann