Why Do We Need A Vaccine Court?
Because Vaccines Are Not Safe
Back in 1976 the Swine Flu Act was floundering amid injury claims and the flu epidemic didn’t show up. Manufactures of vaccines wanted protection against lawsuits. Congress decided to take on the liability from vaccine injury on itself by creating a vaccine injury/death trust fund through a no-fault compensation program that was different than any other program that would handle injury /death claims. “S.R. 2117, 98th Congress (1983)”
Senator Hawkins of Florida introduced the framework and outline language created by the American Academy of Pediatrics along with its parent organization the DPT (Directory of Post professional DPT (Transition) Programs). The 98th congress, November 17, 1983, Senate bill 2117. “ H.R. 5810, 98th Congress (1984)”
The act would create an Advisory Commission on Childhood Vaccines (ACCV) that would advise the HHS secretary regarding vaccine injuries standards, safety, and changes in supplies. The legislation would not deal with off table injuries, which means petitioners must prove by preponderance of evidence. The legislation had one hearing on May 3, 1984 and nothing moved forward regarding compensation for vaccine injuries.
Congressman Waxman from California introduced H. R. 5810 in June of 1984. This would give the US District Court in Washington, DC sole discretion. This act would also give ACCV the same power outlined in Senator Hawkin’s S. 2117 bill from 1983. The act would provide a compensation trust fund through the US treasury. Also mandated the HHS secretary (The U.S. Department of Health and Human Services), to create a pediatric vaccine risk study, which would provide parents with details regarding side effects and risks through their pediatric healthcare specialists.
The deadline of two years was given to the congressional committee to write up a report and provide reports every two hears thereafter. September of 1984 Congressman Waxman’s legislation was brought to a hearing before congress, this included the HHS Secretary, the Pharmaceutical Industry, the American Association, groups representing concerned parents, such as the Dissatisfied Parents Together led by Jeffrey Schwartz.
Dr. Brandit representing the HHS was questioned by Representative Waxman on how to prove children’s injuries were caused by vaccines. Would he choose a system that compensated only cases that could be proven. Dr. Brandit answered:It may very well be impossible to do that in individual cases, at least certainly over the near-term. And I think one has to really on secondary bits of evidence regarding cause. For example, one would look at epidemiological data and other kinds of data to establish that at least there is a reasonable probablity, and I would have to leave “reasonable” undefined for the moment, that a particular adverse event is associated with the vaccine. “The Plague of Causation in the National Childhood Vaccine Injury Act”—Betsy Grey.”
The spokesman for concerned parents Jeffrey Schwartz, said that there are three methods that could be used to separate cause from coincidence:
The temporal proximity between vaccination and reaction
Whether the injuries are consistent with the type of vaccine
Is there an alternative explanation that exist that could be more persuasive.
The legislation didn’t pass in Congress for lack of votes. However, this didn’t stop legislation, developments continued on and by March 1985. Representative Madigan of Illness introduced HR 1780. This legislation would stop the filing of civil tort actin for damages unless procedures of the act were strictly followed. The act set limits for payout regarding injuries to 1 million and $100,000.00 for pain and suffering. Hearing panels were enacted by the HHS secretary to determine whether the individual cases were valid. This panel would have the power to reject or accept the validity of injuries or deaths from vaccine injuries and what kind of compensation would be given. This act also included a statute of limitations, declaring all claims filed after two years of the first manifestation of injure would be rejected. “The Plague of Causation in the National Childhood Vaccine Injury Act”—Betsy Grey.”
By April of 1985 new legislation was introduced by Senator Hawkins of Florida, the S827, the National Childhood Vaccine Improvement Act of 1986. This act required the ACCV to provide studies that the vaccines were safe and actually worked. Also the studies would research the relationship between vaccines and diseases like pertussis and Reye syndrome, sudden infant death syndrome, juvenile diabetes. http://www.hhs.gov/asl/testify/t990928b.html, “National Vaccine Injury Compensation Program,” ”
The act would enforce detail workup from healthcare providers regarding the details of the vaccine and individual child and also include any complications after the vaccine was administered. The act would require the healthcare providers and administrators to report this information to the HHS Secretary. This was the beginning of our current Vaccine Adverse Even Reporting System (VAERS). The act also would also require the HHS Secretary to fund research to help identify and develop a pertussis vaccine that was actually safe. http://www.hhs.gov/asl/testify/t990928b.html, “National Vaccine Injury Compensation Program”
Represenative Wasman indruoduced HR 5546 September 18, 1986, the beginnings of the National childhood Vaccine Injury Act. Ronald Regain signed the law November 14, 1986 but with reservations. The compensation program allowed people to receive compensation from the Federal government without proof, fault, or misdeeds by the vaccine manufacture. The bill was part of a larger health bill and the White House considered vetoing the larger bill because of this issue.“S. 1744, 99th Congress (1986)” “New York Times, “Reagan signs bill on Drug Exports and Payment for Vaccine Injuries,” Robert Pear, Nov. 15, 1986.”
Vice President George H. W. Bush and the Secretary of Treasury James Baker pressured President Regan to sign the bill into law
The act included many parts from older acts, one component requires a petitioner to file a claim in the program before filing a civil tort in the state or federal court. Also included in this act, there was no liability for manufactures. “The Plague of Causation in the National Childhood Vaccine Injury Act”—Betsy Grey.”
The National Vaccine Injury compensation Program would handle all liability regarding vaccine injury or death. This act also granted authority to the US District Court system to judge who deserves compensation. A table of injuries was given as a guideline for vaccine related injuries and deaths. “The Plague of Causation in the National Childhood Vaccine Injury Act”—Betsy Grey.”
The act also gave the Secretary of Health and Human Services guidelines to revise the Vaccine Injury Table and the ability to recommend changes to the table. The group of concerned parents were troubled over the power the HHS secretary had regarding having the power to change and modify vaccine injury table. An agreement was struck to allow the secretary to make changes but with judicial oversight. This part of the act didn’t make it through congress and the HHS has absolute authority regarding how the vaccine injury table could be modified and changed. “The Plague of Causation in the National Childhood Vaccine Injury Act”—Betsy Grey,” “
The act also limited compensation awards to $250,00 for pain and suffering and another $250,000 for death. This act would not compensate for punitive damages. One of the provisions of the act was the HHS secretary promote a public awareness and outreach programs and the eligibility to file a claim for vaccine related injury or death. “(In § 300aa-10. Establishment of Program, (c) Publicity. The Secretary shall undertake reasonable efforts to inform the public of the availability of the program.).”S. 1744, 99th Congress (1986).\”
This provision from what I have read through comments in the general public has been so well hidden it is considered a conspiracy theory. There seems to be no information given to parents before their child starts their vaccine series. Maybe that’s why there are so many inconsistencies on how the court has to handle off-table injuries and so many vaccine injuries and deaths are not addressed or compensated.
National Vaccine Injury Compensation Program
The History Of America's Vaccine Court Series 1
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