Re: Re: DTaP - Long, Sorry!

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the statute of limitations should not apply in any of the cases, IMO. They couldn't care less. M"Amy W. Osborne" wrote: I agree with you on this one. Unfortunately it mightnot matter in "Vaccine Injury Court" - it shouldmatter after VIC though, when the families would beable to file in regular court.We were told the same thing about the reaction my sonhad to the vaccines. it was "normal" per our ped. Westill would have had no reason to question it if ithad not been

for these boards.--- "L. T" <mrefus> wrote:> Regarding the statute of limitations: I think it> would> be a great case for someone to argue that in certain> cases the statute of limitations should not apply. > My> reasoning for this is because the very people you> are> suing are the one's misguiding you on the issue. > (Unclean hands) Like in my case, every Dr. I saw> told> me there vaccines had nothing to do with my son's> seizures although they could not tell me what did> cause them. How could a parent reasonably know the> causation issue when the "experts"(defendants) are> the> ones misguiding. I would argue that the Dr.'s are> nothing more than the long arm of the vaccine> makers. > They all benefit financially. > --- "Amy W. Osborne" <amesw> wrote:> > > Hi , > > > > This email from you somehow got lost in my spam> > folder> > and I just found it today... but I'm glad you> > responded. I'm a JD/CPA and I can't give an> > official> > legal opinion on anything due to my current job> > restrictions - but, I provided this link to the> pro> > se> > form on Shoemaker's website so that:> > > > 1. parents can file the forms themselves to> protect> > their child's interest and > > > > 2. get their child's case heard so that the issue> > of> > the statute of limitations can be decided by> someone> > other than themselves and> > > > 3. they can scan these cases, that are posted by> > the> > attorneys,

to see that some times the answer to> the> > statute of limitations question is based on a> > diagnosis while other times it is based on> symptoms.> > > > > > When you read enough of the cases, you will see> that> > this question can be determined based on what a> > parent> > thought if that thought is recorded in the medical> > (or> > I suppose other) records or the parent admits this> > in> > their testimony or other documents they file with> > the> > court, and can also be based on something that is> > what> > we consider to be recognizable in "hindsight" only> > regardless of whether it comes from a specialist> or> > a> > general practitioner, or a parent or other person.> > > This does not mean I think this is the way it>

SHOULD> > be, just a statement of how its been and/or is> being> > determined.> > > > You see when you are in a gray area of the law,> > which> > this is due to the ambiguity to which you refer,> so> > much of the outcome depends on the arguments you> can> > make and the evidence you have. When I was> > practicing> > administrative law I thought of this part a little> > bit> > like Poker, mixed with a little bit of Spades. > "If> > I> > have this, it trumps your that."> > > > As for fees. Most American System personal injury> > cases are on a contingency fee basis, subject to> > statutory limits and the court's approval of the> > fee. > > It can be done on an hourly basis also but this is> > not> > typical.> > >

> You can scan some of the decisions made in the> > vaccine> > injury court and you will see that the attorneys> > fees> > are awarded by the court based on the work they> have> > done. Generally this means the attorney has> > submitted> > an engagement agreement, showing what the client> > agreed to pay, a statement as to what they are> > eligible to charge under the applicable statute or> > rule, the bills for work done and fees owed, and> > then> > the judge will look at the legal bill in light of> > the> > recovery and whether it was compensated, method of> > getting the compensation - whether the case was> > settled or litigated, complexity of the work and> > level> > of skill involved, whether the attorney was a> junior> > attorney or highly skilled, etc. >

> > > In general fees are held out of the sums paid to> the> > injured person. However if the fees must be paid> by> > the afflictor - then those fees can be paid to the> > attorney without it being a reduction in the> amount> > of> > the injured person's compensation (ie its on top> of> > the award). > > > > Especially in a situation where the person is NOT> > compensated but the attorney fees are still paid> > (not> > typical but may happen in certain circumstances). > > > > > I do NOT know how Vaccine Injury Court calculates> > the> > fees. I do NOT know if they are paid out of the> > compensation or on top of it.> > > > It is very important to remember that when you are> > talking about the vaccine injury court, it has its>

> OWN> > RULES and you have to be specific in looking at> > those> > rules and not the rules that apply in other> courts,> > or> > in other countries.> > > > I notice you are using an email address from> Canada,> > my husband is from Canada so I am glad to see you,> > of> > course, I hope your comments don't discourage> > American> > families from taking the actions that are> necessary> > to> > preserve their child's cases through the Vaccine> > Injury Court which is a part of the U. S. Court of> > Federal Claims. It is my understanding that> non-US> > citizens can file if they meet certain> requirements.> > > > But the law applied will be that of the US and the> > rules are those of the Vaccine Injury Court.> > > >

While I cannot give a professional opinion on the> > matter I am very much of the PERSONAL opinion that> > we> > parents all need to file, and file quickly, to> have> > the best chance of our kids being compensated. > > > > For what its worth I just learned of the Vaccine> > Injury Program within the last couple of weeks. I> > have already submitted a claim for my youngest son> > and> > will probably submit for my older one too. I used> > the> > pro se forms from Mr. Shoemaker's site. We do not> > yet> > have an attorney who is versed and experienced in> > Vaccine Injuries, but are seeking one.> > > > My youngest received DTaP, MMR, Varicella, HIB,> and> > ICV all on the same day (that is NINE - same as> > Hannah> > Poling). March 24 2005. He was 12 months old.

> Two> > of these shots (MMR and Varicella) are on the Hot> > Lots> === message truncated ===__________________________________________________________Never miss a thing. Make Yahoo your home page. http://www.yahoo.com/r/hs

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