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CIVIL MANAGEMENT AND CRIMINAL CONSEQUENCES OF VACCINE INJURY
part 1 - part
2 Vaccine injuries can have both civil and criminal ramifications. This
paper explores civil management of vaccine injury for victims seeking compensation
through the National Vaccine Injury Compensation Program, and discusses
the potentially devastating consequences that can befall a family when
injuries caused by vaccines are mistakenly attributed to physical abuse
inflicted by a caretaker
Decades of studies published in the world’s leading medical journals
have documented vaccine failure and serious adverse vaccine events, including
death. Dozens of books written by doctors, researchers, and independent
investigators reveal serious flaws in immunization theory and practice.
Yet, incredibly, most pediatricians and parents are unaware of these findings.
My son was used as a ginuea pig in a life-threatening vaccine experiment.
This vaccine never should have made it to the market and my son never should
have suffered from this experience. I am really upset with myself. Before
Rotashield, I didn't take the time to research vaccines more before I allowed
them to be given to Harrison. Before Harrison's vaccine injury, I always
believed everything my pediatrician told me. If he said to give Harrison
a vaccine - I was sure this was in my son's best interest. I know better
now. Of the parents I have spoken with so far, 7 of the children sufferred
intussusceptions while others suffered growth delays, constant diarrhea,
severe constipation and in 1 case death - after receiving the Rotashield
vaccination. There are many more families hurt by this vaccine that I have
not yet been able to find. I want to be certain that all of these parents
know about the Vaccine Injury Compensation progam before the 36 month deadline
is reached for filing a claim. Once I receive my judgement from the Vaccine
Injury Compensation program, I plan to deny it so I will be eligible to
file a civil claim against American Home Products.I hope to convince other
parents of children harmed by this vaccine into doing the same thing. more
Vaccine manufacturers
have paid out nearly $2B in damages to parents in America whose children
were harmed by one of the childhood jabs such as the MMR (measles-mumps-rubella)
or DPT (diphtheria-pertussis-tetanus). In all, around 2,000 families have
received compensation payments that have averaged $850,000 each. There
are a further 700 claims that are going through the pipeline. None of the
claims is for autism as medical researchers say they have failed to find
a link between the disease and the MMR vaccine, despite the initial findings
made by Dr Andrew Wakefield. Instead they are for a wide spectrum of physical
and mental conditions that are likely to have been caused by one of the
vaccinations. Around 7,000 parents have filed a claim of an adverse reaction
with America's Vaccine Injury Compensation Program (VICP). To win an award,
the claimant must prove a causal link to a vaccine. As the medical establishment
has refused to recognise any link to autism, the VICP has so far rejected
300 claims for this outright. (Source: New England Journal of Medicine)Medicine,
2007; 357: 1275-9).
CIVIL MANAGEMENT AND CRIMINAL CONSEQUENCES OF VACCINE INJURY by Allan Phillips, Director of Citizens
for Healthcare Freedom (The article was written
for a law school class)
Disclainer:
Alan Phillips is not attempting to provide medical or legal advice. His
articles are researched and presented for the educational and free exchange
of ideas and speech in relation to health and wellness only. Read the DISCLAIMER of this webiste please.
Vaccine injuries can have both civil and criminal ramifications. This
paper explores civil management of vaccine injury for victims seeking compensation
through the National Vaccine Injury Compensation Program (Part I), and
discusses the potentially devastating consequences that can befall a family
when injuries caused by vaccines are mistakenly attributed to physical
abuse inflicted by a caretaker (Part
II).
Part I Civil Management of Vaccine Injury: The National Vaccine Injury
Compensation Program
A. Introduction and Program Purposesi
In 1986 Congress passed the National Childhood Vaccine Injury
Compensation Act establishing a National Vaccine Program, the purpose of
which was "…to achieve optimal prevention of human infectious diseases
through immunization and to achieve optimal prevention against adverse
reactions to vaccines." Program components included the National Vaccine
Injury Compensation Program (NVICP or VICP), to compensate victims of vaccine
injury and death, and the Vaccine Adverse Events Reporting System (VAERS
[Vaccine Adverse Event Reporting System]), a passive reporting system
for the statistical monitoring of vaccine reactions. The utility of the
VAERS remains questionable, as private and public sources estimate serious
adverse events reporting at between 1 and 10% of the actual occurrence
of such events. VAERS reports are not automatically submitted to the VICP;
injured parties or their representatives must file a petition in a separate
process. Therefore, VICP adjudication is even less a measure of the quantity
of serious events actually occurring.
The NVICP’s primary
two purposes were "to keep manufacturers from leaving the vaccine market
[many in fact did], while at the same time compensating those individuals
injured by vaccines." Liability insurance costs for vaccine manufacturers
grew rapidly in the years preceding the Act, causing prices for some vaccines
to rise by over 300% between 1980 and 1986. The objective was to have the
federal government, under the auspices of the Department of Health and
Human Services (DHHS), assume liability for vaccine-related injuries, to
simplify causation issues for those seeking recovery. Figure 1 shows both
rising DTP suits in the first half of the 1980’s and post-Act declines;
the program apparently succeeded in diminishing lawsuits against manufacturers.
But has protecting manufacturers from liability provided a disincentive
for manufacturers to improve product safety? Some vaccine victims and informed-choice
advocates have expressed this concern. If one balances vaccine harm and
benefits using VAERS figures and health authorities’ assertions about vaccine
effectiveness respectively, it seems prudent to take steps to keep manufacturers
in the market first, and to worry about product safety second (the risk
of return of deadly diseases from a lack of vaccines being presumably greater
than the risk of injury occurring to a tiny percentage of vaccine recipients).
But factor in under-reporting of adverse vaccine events and the growing
body of evidence suggesting that vaccines are not nearly as effective as
health authorities would have us believe, and a compelling argument can
be made that risking manufacturers’ withdrawal from the market may actually
have been the safer course of action. In any event, Congress’ actions were,
predictably, consistent with the former of these two views.
In
addition to keeping manufacturers in the market, the VICP was designed
to provide an efficient and cost-effective adjudication process for vaccine
injuries not available through the traditional tort system. At present
the VICP appears to be running smoothly, though a substantial backlog of
pre-1986 cases severely curtailed timeliness of proceedings during the
program’s first several years. Since the program’s implementation in October
of 1988, the top award has been $8.4 million, and the per-award average
is $833,000. Death awards are capped at $250,000 (greater awards address
the life-long needs of the permanently disabled), which I must admit I
find somewhat unsettling. While caring for a permanently disabled child
is far more costly than burying a dead one, and with all due respect for
the fact that no amount of money can bring back a deceased child, a dead
one is arguably a far greater loss, and thus worthy of greater compensation.
The VICP has also served as a model system potentially applicable to
other mass tort litigation. However, such applicability may be limited
due to the unique nature of vaccination programs. Vaccines are government
mandated and supposed to benefit society as a whole; these qualities are
not present with other products potentially subject to mass tort suits.
Finally, while not a goal of the program per se, the VICP has helped
to validate thousands of previously unacknowledged cries of anguished parents
who endured not only vaccine deaths and disabilities in their children,
but also vehement denials from authorities about the possibility of a vaccine
connection. While healthcare authorities continue to downplay and deny
the existence of serious vaccine reactions, the federal government, at
least, has begun to formally acknowledge the hard reality.
B. Program Overview
The NVICP is located in the U.S. Court of Federal Claims. Vaccine injury
cases are adjudicated by special masters who hear only vaccine cases. Petitioners
(claimants) are virtually always represented by attorneys, who must be
members of the bar of the U.S. Court of Federal Claims, though pro se representation
is technically allowed. The respondent is the Secretary of Health and Human
Services, represented by 18 attorneys in the Vaccine Litigation Group of
the Office of Constitutional and Specialized Torts at the Department of
Justice (DoJ). Claims are decided within statutory time limits and are
subject to limitations on compensation amounts and attorney’s fees (an
attorney may be compensated whether or not his client receives compensation).
The program incorporates innovative case-management procedures, including
"(1) a requirement that virtually all documentation supporting claims and
defenses accompany the initial pleadings; (2) use of expert reports; (3)
information status conferences; (4) bifurcation of causation and damage
issues; (5) telephonic hearings; (6) hearings limited to expert testimony;
and (7) direct examination of expert witnesses by the special master."
The VICP provides a statutory scheme for handling causation. If the
petitioner can show by a preponderance of the evidence that her injury
or death occurred within parameters specified by the program’s Vaccine
Injury Table (see Appendix A, p. 21), the petitioner is entitled to a presumption
of causation. Respondent then carries the burden of proving an alternative
cause for the petitioner’s injury to defeat the award of compensation.
A petitioner may also allege causation-in-fact for a non-table injury,
but in so doing carries the burden of proving causation by a preponderance
of the evidence utilizing traditional tort standards. Petitioners frequently
allege both a table and a non-table injury in the alternative to preserve
both causes of action. Congress mandated that the table be updated as new
scientific information becomes available, presuming that some petitioners
would be compensated erroneously through the use of the table in its initial
form.
Cases under the Act as originally passed required a final judgment within
a year of filing; subsequent amendments reduced the time period to 240
days. The substantial backlog of pre-Act cases resulted in the exercise
of optional suspension times that extended pre-Act cases up to three and
a half years.
There
are seven special masters appointed by the Court of Federal Claims to adjudicate
VICP cases. They serve four-year terms and may be reappointed by a majority
of Claims Court judges. They determine both entitlement to and amount of
compensation. Following a special master’s decision, parties have 30 days
in which they may appeal the decision by filing a motion for review by
the U.S. Court of Federal Claims. An appeal is assigned to and heard before
an individual judge of the Court of Federal Claims. This judge has 120
days to "(A) uphold the findings of fact and conclusions of law of the
special master and sustain the special master's decision, (B) set aside
any findings of fact or conclusion of law of the special master found to
be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance
with law and issue its own findings of fact and conclusions of law, or
(C) remand the petition to the special master for further action in accordance
with the court's direction." The next level of appeal is the U.S. Court
of Appeals for the Federal Circuit where a three-judge panel hears the
case and reviews the legal issues de novo. Parties may appeal to the U.S.
Supreme Court from the Federal Circuit. The Supreme Court has heard at
least one VICP case, Shalala v. Whitecotten, 514 U.S. 268 (1995).
The issue was whether or not the petitioner had made out a prima facie
case. She met the table requirement for post-vaccine encephalopathy, but
her microcephalic condition (abnormally small head) prior to receiving
the vaccine was evidence of encephalopathy that existed before the vaccination.
The Special Master denied compensation, and the Court of Federal Claims
affirmed, but the Court of Appeals for the Federal Circuit reversed. The
Supreme Court unanimously reversed and remanded, holding that a claimant
who relies on the Vaccine Injury Table in order to establish a prima facie
case for compensation under the National Childhood Vaccine Injury Act does
not make out such a case where the claimant's evidence, although indicating
that the claimant experienced symptoms of an injury after receiving a vaccination,
failed to indicate that the claimant had no symptoms of that injury before
the vaccination.
Victims of vaccine damage cannot file a civil suit without first seeking
compensation through the VICP. However, the petitioner need not go through
the appeals process before filing a civil suit. If within 90 days of a
special master’s judgment the petitioner elects to reject the special master’s
judgment, the petitioner may file a civil action for damages against the
vaccine manufacturer in state or federal court. Failure to file an election
results in a default acceptance of the special master’s judgment.
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
Virtually every thimerosal
containing vaccine which was administered during the 1990's (a large number
of the total mandatory vaccine protocol) contained levels of mercury which
were hundreds of times more toxic than hazardous waste according to the
EPA's own website. learn more
C. Case-Management Procedures
The VICP is unique by virtue of its special rules and procedures for
case management. VICP case proceedings are conducted in accordance with
Vaccine Rules of the Office of Special Masters, Appendix J of the Rules
of the U.S. Court of Federal Claims. Federal Rules of Civil Procedure and
Evidence do not apply; formal discovery as a matter of right is prohibited.
Due to these and other unique characteristics of this system, the Office
of Special Masters has issued practice guidelines for attorneys.
Petitions
are filed with the Clerk of the United States Court of Federal Claims in
Washington, D.C., after which the case is assigned by the chief special
master to a special master. Most of the information necessary to a ruling
must be provided when a petition is filed. This "front-end loading," as
it is known among participants, includes documentation supporting the allegations
and all relevant medical records including maternal prenatal and delivery
records; newborn hospital records with physicians’ and nurses’ notes and
test results; vaccination records; pre- and post-injury physician or clinic
records with growth charts and test results; all post-injury inpatient
and outpatient records with provider notes, test results, and medication
records; and if applicable, a death certificate and autopsy results. Similarly,
the respondent’s first response must be a report with a medical analysis
of the petitioner’s claims. These requirements are intended to speed up
the processing of claims; they allow getting to the heart of the problem
much more quickly than traditional tort litigation, enabling the special
masters to identify all of the issues in the case before meeting with the
parties.
Cases that survive early dismissal require expert witnesses on both
sides. The parties must present the substance of their experts’ proposed
testimony in affidavits which set forth the experts’ opinions and reasoning.
Special masters report that they place widely varying levels of weight
on these initial reports. In some cases special masters require opinions
from medical experts with a particular specialty, such as pediatric neurology.
Special masters are required to schedule an initial status conference,
an off-the-record equivalent to the pre-trial conference of traditional
civil litigation, within 30 days of receiving a respondent’s initial report.
Special masters use this conference to evaluate the case and devise a plan
to resolve outstanding issues; they also orally present tentative findings
and conclusions. At this point one of three things will happen: a case
may be dismissed, a second status conference may be scheduled with requests
for more information if the record is incomplete, or a date may be set
for the first hearing if the record is substantially complete. Petitioners
have found this conference useful in their subsequent preparation of witnesses,
as it enables them to get a feel for the special master’s view of the case.
Special masters may conduct additional informal status conferences by telephone
conference call from time to time to expedite processing of the case. In
addition, either party may request a status conference at any time.
Entitlement
and damages are addressed in separate hearings. The most common issues
concern the strength of the medical evidence supporting the petitioner’s
claims and the respondent’s theories for alternative causes for the petitioner’s
injuries; thus, management of expert testimony is critical. For this reason,
some special masters further bifurcate entitlement hearings, hearing fact
witnesses before hearing expert medical testimony on causation.
To obtain expert witnesses, petitioners’ attorneys frequently use the
petitioner’s treating physician, retain experts who have testified for
them previously in vaccine cases, or rely on referrals from other attorneys
who have litigated in the vaccine program. Respondents rely on referrals
from the Division of Vaccine Injury Compensation (DVIC), use the doctor
from that agency who helped them prepare their initial expert report, or
occasionally use outside experts obtained by traditional methods—e.g.,
talking to other witnesses or calling hospitals for referrals. Some respondents
have expressed concern about the credibility of DVIC experts, and rely
exclusively on outside experts. The most common experts at entitlement
hearings are pediatric neurologists, though to a lesser extent experts
have included general pediatric doctors, pediatric pathologists, pediatric
immunologists, and treating physicians. The most common experts testifying
at hearings on damage issues are life-care planners and rehabilitation
consultants.
Special masters are permitted to appoint their own experts, though none
had done so by the publication of the Federal Judicial Center’s review
of the NVICP in 1998. This is most likely due to a Special Masters’ Office
policy against exercising this option as well as general resistance to
it by most parties. Special masters do consult information sources other
than the evidence presented by the parties, including medical texts and
literature.
Hearings may be held in the U.S. Court of Federal Claims building or
the Special Master’s Office in Washington, D.C. In some instances, such
as when the petitioner and their witnesses can’t afford to travel to D.C.
or a special master needs to assess the credibility of a witness directly,
a special master may travel outside of D.C. Some parties or witnesses (especially
expert witnesses) participate in hearings by telephone. Video conferencing
has been used as a compromise between the need to view witnesses and the
logistical complications of coordinating and funding travel by the
parties and witnesses.
D. Program Problems and the Need for Reform
In the fall of 1999, the House Subcommittee on Criminal Justice held
a hearing to determine if the VICP was in need of reform. Barbara Loe Fisher,
co-founder and President of the National Vaccine Information Center (NVIC),
presented a statement on behalf of the NVIC. Ms. Fisher’s statement conveys
a clear sense of betrayal felt by parents and NVIC members at the VICP’s
failure to live up to the Congress’ expressed intentions. In particular,
the VICP was enacted to provide parents an expeditious and fair, non-adversarial
alternative to lawsuits, "which, in the words of Dr. Martin Smith of the
AAP [American Association of Pediatrics], would give ‘simple justice to
children.’" More than ten years after the act was passed, Ms. Fisher states
that parents’ "faith in the justice, equity, efficacy and basic integrity
of this legislative remedy was seriously misplaced."
The NVIC statement makes it clear that Congress’ intentions have not
been
honored. Referring to a 1989 House and Senate Conferee Report expressing
Congress’ dissatisfaction, the NVIC statement noted "the fact that proceedings
had become complicated, time-consuming and emotionally draining for petitioners,"
and implied that VICP proceedings had fallen victim to "re-invention of
the adversarial process [that serves] neither to compensate injured children
nor [to] maintain the stability of the immunization program in the U.S."
Ms. Fisher explained that both the Department of Health and Human Services
(DHHS) and the Department of Justice (DoJ) were on record as opposing the
Act; yet, DHHS was given authority to change rules after the law was passed,
and did so to the detriment of petitioners seeking compensation. "The net
result has been the creation of an uneven playing field that has often
turned what was supposed to be a fairer, expedited, less traumatic, less
expensive, no-fault alternative to a lawsuit against vaccine manufacturers
and administering physicians into a highly adversarial, lengthy, traumatic
and unfair imitation of a lawsuit conducted in front of a Special Master
instead of a judge and jury."
Ms. Fisher argues that the presumption of causation is an integral part
of the VICP system, given the lack of scientific data and understanding
of the biological mech-anism for most vaccine-induced injuries. In brief,
where absolute proof is not possible, justice requires that the petitioner
(meeting the requirements of the scientifically-support-ed Vaccine Injury
Table) be given the benefit of a presumption that the vaccine is the cause
of injury, especially when there is no convincing alternative explanation
for a child’s injury. However, the DHHS and DoJ have modified the Vaccine
Injury Table to eliminate many injuries, requiring a substantial number
of petitioners to file for compensation with a presumption against them,
despite decades of published medical studies supporting a presumption in
their favor. Parents participating in the program’s development agreed
to give DHHS discretionary authority to modify the table for precisely
the opposite reason—to expand the list of compensable events to
make it more inclusive (to date, three out of four petitioners have received
no compensation). Yet DHHS has removed compensable events sanctioned by
Congress, and "redefine[d] permanent injuries in the Aids to Interpretation
long recognized by the medical community as being associated with vaccine
reactions. In the words of one attorney for vaccine injured children, the
Secretary’s arbitrary redefinition of the medically recognized definition
of ‘encephalopathy’ "is so restrictive that it is believed by petitioners’
counsels across this country that they will never again see an injury to
a child that falls within the definition’s narrow confines." In fact, when
the Institutes of Medicine provided new scientific evidence for DTP vaccine-induced
brain inflammation in 1994, DHHS removed signs and symptoms of brain inflammation
and ecephalopathy from the Table. DHHS has demonstrated that it has little
intention of fulfilling the intended spirit of the law.
The NVIC statement also criticizes DHHS’ draft legislation, Vaccine
Injury Compensation Program Amendments of 1999, finding the DHHS’ proposals
"lacking in the kinds of substantive improvements required to restore the
guiding spirit and intent of the law: to provide a ‘fair, quick and generous’
federal compensation system alternative to a lawsuit for children who suffer
catastrophic vaccine injury or death." Declaring that resolving the problems
"will require strong and decisive measures from Congress," the NVIC made
proposals for VICP revisions, important components of which are summarized
below.
E. NVIC Recommended Revisions for the VICP
Return "residual seizure disorder" to the Vaccine Injury Table, and amend
the "Qualifications and Aids to Interpretation" section of the Table to
replace the current definition of "encephalopathy" with the medically recognized
definition, "any acute or chronic significant acquired abnormality of,
or injury to, or impairment of function of, the brain." 1995 Amendments
to the Table and Aids to Interpretation have made it all but impossible
to establish a case for injury following DPT, yet 68% of cases filed with
the VICP claim injury following DPT, and 60 years of medical studies acknowledge
DPT vaccine injuries.
Add "death" to the Vaccine Injury Table. Currently, unreasonable burdens
are placed on petitioners. A death within 72 hours following vaccination
should be presumed to be causally related unless an obvious alternative
cause of death exists.
"Add to the language of the statute a requirement that plaintiff’s lawyers
receive interim payments for fees and costs during the entire compensation
process." Salaried government physicians, administrators, lawyers, and
Court officials have a substantial advantage over petitioners’ lawyers
who do not get any reimbursement until as much as three to seven years
following the initial filing of a petition.
"Toll the statute of limitations on all claims resulting from the administration
of childhood vaccines to the age of majority." Significant vaccine injury
may take years to fully manifest; current statutes of limitation are two
or three years. Most state laws toll statutes of limitation until a child
reaches the age of majority.
Require the Secretary "to confer with the Advisory Committee on Childhood
Vaccines (ACCV) prior to amending the Vaccine Injury Table."
Allow claimants turned down for compensation due to prior table changes
to reapply to the system without prejudice.
The NVIC supports independent research into adverse vaccine events, but
does not feel that funds for such research should come from the Vaccine
Injury Compensation Fund (which presently has a billion dollar surplus).
This would be the "ultimate betrayal of public trust" in the federal compensation
program. Ms. Fisher anticipates that new research will connect many conditions
not currently on the table with vaccines, and the current funds will be
insufficient to compensate for these new additions. (Indeed, if recent
and current independent research on diabetes and autism alone is acknowledged,
thousands of new claimants could be added to the system each year.) VICP
funds should be reserved exclusively for the children suffering chronic
immune and brain dysfunction following vaccination.
With regard to DHHS using portions of these funds to conduct studies, Ms.
Fisher argues that "[i]t is illogical to expect the same federal agency
responsible for developing, licensing, regulating, making policy for and
promoting the mandatory use of vaccines, which is also a hostile defendant
in the vaccine injury compensation process, to be an impartial investigator
of vaccine risks." She suggests that DHHS would design studies to disprove
vaccine damage where in fact damage does occur. This cynical viewpoint
is substantiated by many decades of deceit and deception by health authorities
as it pertains to vaccine failure and damage.
NVIC opposes lowering the excise tax on vaccines, due to the projected
increase in claimants explained above. Also, many of the three-fourths
of claimants who have been denied compensation due to the above-mentioned
table changes should be allowed to re-file their claims once the table
is readjusted to allow for injuries substantiated by the medical literature.
Upon doing so, the current surplus in the fund will diminish, so the current
excise tax is not excessive.
Add a reporting requirement for adverse vaccine events. According to
a statement by former FDA Commissioner David Kessler in a 1993 issue of
JAMA, if vaccine adverse event reporting mirrors that of events following
the administration of prescription drugs, it is less than 1%.
F. HR 1287
On March 28, 2001, Congressman Dave Weldon (R-FL) and Congressman Jerrold
Nadler (D-NY) introduced The Vaccine Injured Children's Compensation Act
of 2001, HR 1287, in the House of Representatives. This bill provides for
changes in four areas:
The statute of limitations:
(See E. 4 above);
The burden of proof:
To reduce the preponderance standard to that of Veterans’ Claims and
Workers’ Compensation Claims, where the benefit of the doubt goes to the
claimant. This would make the program more consistent with Congress’ original
intention of erring on the side of over-compensating rather than under-compensating
as arguably occurs under the present system;
Interim fees and costs:
To provide for claimants to petition not more than once every 90 days
for payment of interim fees and costs. This would allow experts to
be paid in a timely manner, and enable petitioners to conduct the testing
and studies necessary to prove their claims. Attorneys for the government
are paid every thirty days; attorneys for the children have to wait for
years in many cases, which places the burden of financing the case on the
shoulders of the family and the attorney. This provision will help level
the playing field for the attorneys who are trying to help victims and
their families; and
The right to refile:
Where the original claim did not meet the minimum $1,000 unreimbursed
expense requirement (which is no longer a program requirement), or where
petitioners missed the statute of limitations deadline that HR 1287 would
extend.
According to NVIC Director and co-founder Kathi Williams, HR 1287 "does
not go far enough, but all the doors have been closed in our faces in attempting
to improve this legislation. Lawyers are leaving the field because they
cannot compete with the
Department of Justice. Our lawyers get paid when the whole deal is
over and the DoJ lawyers get paid every 30 days no matter how many years
the case might take…It is only a step but if passed would help a lot."
F. Conclusion, Part I
There are serious shortcomings in the NVICP, underscored by the NVIC
Statement and HR 1287. The spirit and intent of the program have clearly
been violated. Yet, if injuries supported by present and future medical
research are added to the Vaccine
Injury Table, and if adverse event reporting approaches that of events
actually occurring, compensation awards could well exceed the system’s
capacity to pay. But perhaps this could lead to a greater justice in the
long term. If awards exceeded the government’s ability to pay, the government
could be forced to prohibit vaccine mandates in an effort to relieve itself
of responsibility for vaccine injuries. This would mean shifting the responsibility
to manufacturers and vaccine recipients, which would put pressure on manufacturers
to develop safer products (or get out of the market, taking dangerous products
with them), and on individuals to take personal responsibility for their
families’ health through examination of more complete information on vaccine
risks and benefits. This in turn could lead to a more responsible, open,
honest and accurate assessment of the true costs and benefits of mass mandatory
immunization programs and alternative healthcare systems and strategies.
Ultimately, if we are to be free from conflicted authorities imposing health
risks upon us without our consent (and which, in the case of vaccines,
are questioned by disinterested experts), individuals must be willing to
take responsibility for their own health; and we as a society must be willing
to grant individuals the freedom to make their own informed healthcare
choices.
The point is not so much that absolute power necessarily leads to corruption
(though one could so argue), but rather that only the absence of such power
can preclude such corruption.
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
HOMEOPATHY
IS RENOWNED FOR ITS ABILITY TO REDUCE OR REPAIR THE DAMAGE CAUSED BY VACCINES
LIKE NOTHING ELSE CAN !
Homeopathy
is
noted for its success to antidote or remove the toxic effects of vaccines
and to re-establish balance in the organism and restore health. Certain
homeopathic remedies taken aftervaccination can minimize vaccine
damage. A professional
homeopath should be consulted for more information.
Dr. Smits MD
- "Once the diagnosis of The Post-Vaccination Syndrome (PVS) is considered
a simple and efficient treatment can restore health by giving the vaccinations
that caused the disease in homeopathic potencies. Even severe damage as
paralysis, epilepsy, general decline, etc. can partially or completely
be restored."
Holistic doctors and pediatricians
are also using Homeopathy and Transfer
Factor to successfully prevent and treat smallpox, measles,
whooping
cough, chickenpox, and other ailments.
Dr. Falconer - "Vaccination
*confuses* the immune system. Transfer Factor should be given before
and immediately after vaccination for at least a few weeks to help ameliorate
the confusion (when someone is faced with a mandatory vaccination, or has
decided they want to give one). By priming the immune system with
Transfer
Factor, the immune intelligence should be less confused."
Le
vaccin contre l’hépatite B - Les
vaccins contenant de l’aluminium peuvent non seulement provoquer des
réactions locales au site d’injection, mais aussi des symptômes
généraux durables, comme de la fatigue, de la fièvre,
des douleurs musculaires et articulaires. Cet ensemble de symptômes
constitue une nouvelle maladie, la myofasciite à macrophages, qui
a été mise en évidence pour la première fois
en 1993. Les symptômes qui l’accompagnent ressemblent étrangement
à ceux du syndrome de fatigue chronique et à ceux du syndrome
de la Guerre du Golfe. Ce que vous
ignorez peut vous faire du mal. encore
C. Any acute complication or sequela
(including
death) of an illness, disability, injury, or condition referred to above
which illness, disability, injury or condition arose within the time period
prescribed
Not applicable
II. Vaccines containing whole-cell
pertussis bacteria, extracted or partial cell pertussis bacteria, or specific
pertussis antigen(s) (e.g., DTaP, DTP, P, DTP-HiB)
C. Any acute complication or sequela
(including
death) of an illness, disability, injury, or condition referred to above
which illness, disability, injury or condition arose within the time period
prescribed
Not applicable
III. Measles, mumps, and rubella vaccine
or any of its components (e.g., MMR, MR, M, R)
Subject: Looking for parents of children injured by rotavirus vaccine,
Rotashield Date: Thu, 14 Jun 2001 From: Melynda
Slay <mhslay@aol.com>
Hi, my name is Melynda Slay. At 3 months of age my son, Harrison, was
hospitalized with an intussusception(bowel obstruction) a few days after
receiving the rotavirus vaccine, Rotashield. This vaccine was later removed
from the market after more than 99 children sufferred the same life threatening
injury. I am currently trying to find other parents of children who were
harmed by this vaccine. I believe that if we stand together - maybe we
can make a difference.
My son was used as a ginuea pig in a life-threatening vaccine experiment.
This vaccine never should have made it to the market and my son never should
have suffered from this experience. I am really upset with myself. Before
Rotashield, I didn't take the time to research vaccines more before I allowed
them to be given to Harrison. Before Harrison's vaccine injury, I always
believed everything my pediatrician told me. If he said to give Harrison
a vaccine - I was sure this was in my son's best interest. I know better
now. Of the parents I have spoken with so far, 7 of the children sufferred
intussusceptions while others suffered growth delays, constant diarrhea,
severe constipation and in 1 case death - after receiving the Rotashield
vaccination. There are many more families hurt by this vaccine that I have
not yet been able to find. I want to be certain that all of these parents
know about the Vaccine Injury Compensation progam before the 36 month deadline
is reached for filing a claim. Once I receive my judgement from the Vaccine
Injury Compensation program, I plan to deny it so I will be eligible to
file a civil claim against American Home Products.I hope to convince
other parents of children harmed by this vaccine into doing the same thing.
emailMelynda Slay <mhslay@aol.com>
" Why are there no studies
on the long-term effects of vaccination? Why are there so few studies that
have examined what happens in the body at a cellular/molecular level after
vaccination? Why are we vaccinating children in a vacuum of scientific
knowledge? Why are there no long-term studies to assess illness and deaths
related to vaccination? These are the kind of fundamental questions that
anyone involved in vaccine policy should be addressingNicholas
Regush
Part 2: A Criminal Consequence
of Vaccine Injury: Misdiagnosed Shaken Baby Syndrome Viera Scheibner, PhD - "Many infants
who suffer the so-called 'shaken baby syndrome' may be victims of undiagnosed
vaccine damage. Ever since mass vaccination of infants began, reports of
serious brain, cardiovascular, metabolic and other injuries started filling
pages of medical journals." In fact, pertussis vaccine has been used to
induce encephalomyelitis, which is characterized by brain swelling and
hemorrhaging"
THE
TRAGEDY OF VACCINATIONS The chiIdren you will meet here suffered a severe reaction to a routine
DPT (diphtheria. pertussis, tetanus), MMR (measles, mumps. rubella), or
OPV (oral polio) vaccine. They are only a few of the thousands of children
who have died or been left with medication resistant seizure disorders,
mental retardation, physical handicaps, learning disabilities or other
chronic illnesses after a reaction to a routine vaccination.
Any information obtained here is not to be construed as
medical or legal advice. The decision to vaccinate or not vaccinate is
yours alone.
There is a war raging over the control of our children. The
cry of outrage is spreading across this nation, as increasing numbers of
children are wrongfully ripped from their loving parent's arms and secreted
away by the unscrupulous agents of the State. AMERICAN
FAMILY ADVOCACY CENTER
Can a judge constitutionally order a controversial drug
to be given to a child over the opposition of his parents? Some public
schools are accusing parents of child abuse when they balk at giving their
kids drugs such as Ritalin, (or AZT) and as judges begin to agree, some
parents are medicating their children for fear of having them hauled away.more
What
Every Parent Should Know BEFORE Their Childen Are Vaccinated! Why
are a growing number of parents and health care professionals around the
world questioning vaccination? The controversy stems from the thousands
of deaths and permanent disabilities attributed to vaccination annually,
as well as the many published medical studies, government statistics, congressional
testimonies, and other credible sources that directly contradict commonly
held assumptions about vaccine safety and effectiveness.
Bart Classen, a Maryland physician, published data showing that diabetes
rates rose significantly in New Zealand following a massive hepatitis B
vaccine campaign in young children, and that diabetes rates also went up
sharply in Finland after three new childhood vaccines were introduced.
More pictures
of vaccine damage available to view at the
CDC
website
In fall 1997, two influential professional magazines featured articles
asking the question: Has the decrease of infectious diseases in childhood
through the mass use of vaccines been replaced with an increase in chronic
diseases such as diabetes and asthma? The Economist, a prestigious international
magazine read by world leaders in government, business and public policy,
and Science News, a magazine read by both health care professionals
and the general public, explored the reported links between vaccines and
chronic diseases in their November 22, 1997 issues.
Homeopathy
can be used successfully to prevent and treat smallpox, measles,
whooping
cough, chickenpox, and other ailments.
Would you allow big brother to enforce vaccinations on your kids? Government
Enforced Vaccinations Vaccination Tracking Registry - Government programs
that limit your choices -and your rights- in health care when it comes
to mandatory vaccination. These mandates last for 40 or so years
and they're impossible to repeal. Also, learn about Legal Requirements
and Exemptions
Are Vaccines Damaging Our Pets?
Routine Vaccination: Is
it really safe and effective? Most recently, an article
appeared in the Journal of the American Veterinary Medical Association
entitled "Are We Vaccinating Too Much?" Read about the comments of veterinarians
who believe that vaccines are damaging our pets.
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
Homeopathy
can be used successfully to prevent and treat smallpox, measles,
whooping
cough, chickenpox, and other ailments.
Would you allow big brother to enforce vaccinations on your kids? Government
Enforced Vaccinations
Vaccination Tracking Registry - Government programs
that limit your choices -and your rights- in health care when it comes
to mandatory vaccination. These mandates last for 40 or so years
and they're impossible to repeal. Also, learn about Legal Requirements
and Exemptions
Are Vaccines Damaging Our Pets?
Routine Vaccination:
Is it really safe and effective? Most recently, an article
appeared in the Journal of the American Veterinary Medical Association
entitled "Are We Vaccinating Too Much?"
HOMEOPATHY
IS RENOWNED FOR ITS ABILITY TO REDUCE OR REPAIR THE DAMAGE CAUSED BY VACCINES
LIKE NOTHING ELSE CAN Homeopathy
is
noted for its success to antidote or remove the toxic effects of vaccines
and to re-establish balance in the organism and restore health. Certain
homeopathic remedies taken aftervaccination can minimize vaccine
damage. A professional homeopathic vet should
be consulted for more information.
"Once the diagnosis of The Post-Vaccination Syndrome (PVS) is considered
a simple and efficient treatment can restore health by giving the vaccinations
that caused the disease in homeopathic potencies. Even severe damage as
paralysis, epilepsy, general decline, etc. can partially or completely
be restored."Dr. Smits MD
Government Enforced Vaccinations:
Vaccination
Tracking Registry Government programs that limit your choices -and your rights- in health
care when it comes to mandatory vaccination. Legal Issues Raised by the
Growing International Movement Away From Mass Mandatory Immunization
AIDS/HIV/AZT What if everything you thought you knew about
AIDS was wrong? "AIDS is a cruel deception that is maintained
because so many people are making money from it. Take away this money and
the entire system of mythology will collapse."
Charles Thomas, PhD ·
Former chair of the Cell Biology Department, Scripps Research Institute The True Origins of AIDS and Ebola by
Dr. Leonard Horowitz "The most massive, well documented assembly of
evidence ever published in support of the idea that the AIDS virus could
have been manufactured as a biological weapon....If you scoff at
the notion, you won’t be so cocky once you see how much evidence exists.You’ll
never think of AIDS that same way again....I recommend it most highly."Russ
Kick, Book Review
A growing number of scientists world-wide have publicly denounced
the total failure of the HIV/AIDS hypothesis and criticized the use of
AZT which has been proven to be a toxic poison. Healing
AIDS: a holistic approach.
Virtually every thimerosal containing vaccine which was administered
during the 1990's (a large number of the total mandatory vaccine protocol)
contained levels of mercury which were hundreds of times more toxic than
hazardous waste according to the EPA's
own website.
This is a federal law that applies to all states"If mercury levels in
a waste exceed the Toxicity Characteristic Leach Test (TCLP) level of 0.2
mg/L for mercury, then the waste is identified as a hazardous waste based
on the toxicity characteristic". Note that most vaccines administered during
the 1990's to infants (all children younger than two were subject to the
mandatory vaccine schedule) contained levels of thimerosal consistent with
those solutions being hundreds of times more toxic than hazardous waste
according to the above set-forth EPA website.
Presently, most flu vaccine contains 50 mg/l of mercury from the thimerosal
preservative. The concentration of mercury in the flu vaccine (containing
thimerosal) presently being recommended to babies and pregnant women is
250 Times more toxic than the above level the EPA considers to be hazardous
waste. The biohazards of thimerosal are presented here:
http://www.nomercury.org/msds.htm http://chemdat.merck.de/pls/pi03p/web2.search_page2?text=thimerosal&lang=4
United Press International entitled "A Big Secret".This article, which
can be accessed from the url below points to the fact that of a rather
large population of children (somewhere north of 35,000-probably greatly
in excess of 100,000) all of whom were unvaccinated- Not a single child
was autistic, had asthma or diabetes!!!!
This was absolutely astounding, given that each of these conditions
is an epidemic in our nation's children.In any event, further research
into this issue eventually turned up information about the government's
mandatory vaccine program, which all children must abide by in order to
attend school. As we began to understand the possible damage to our nation's
children which was apparently done by the mandatory vaccine policy, we
were quite disturbed. Numerous parents contend that the mandated program
forced them to damage their children. The following websites are a small
portion of the articles we reviewed. They provide a current understanding
of autism/autoimmune disease, which is epidemic in our children and the
history and related issues of this apparent tremendous self-induced tragedy.
Yet the mainstream media and traditional medical institutions will not
deal with this issue forthrightly. They appear to be covering up this historical
scandal. Perhaps you will see why below.
The articles below will give you a fine historical understanding of
this issue and how it has been handled since close to the autism epidemic
inception. But there is a crisis of autoimmune diseases in our children
and this should also be ackowledged. After you go through the first article
by UPI, review the other pieces, many of which you may already by aware.
They place the autism/ADD/asthma/allergies/learning disabilities debate
in historical context. They may also provide you with information about
why many of your kids appear out of control, unruly and just plain difficult
to deal with.
Note that these articles are not anti-vaccine and should be construed
as such. Vaccine technology, when used appropriately, is life-saving technology.
When abused by bureaucrats- well, you see the results. This information
is an attempt to get the mandatory vaccine program, related agencies and
our government officials to be more transparent about what they force on
our citizens- and allow informed choice by parents. We must fix the vaccine
program immediately.
Do
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
Home:
ShirleysWellnessCafe.com (aka: MyWellnessHouse.com) is a free educational
site site dedicated to help promote holistic health for you, your family,
and your animals.
Viera Scheibner, PhD
- "Many infants who suffer the so-called
'shaken baby syndrome' may be victims of undiagnosed vaccine
damage. Ever since mass vaccination of infants began, reports of serious
brain, cardiovascular, metabolic and other injuries started filling pages
of medical journals." In fact, pertussis vaccine has been used to induce
encephalomyelitis, which is characterized by brain swelling and hemorrhaging" Watch
the Dr. Gary Null's
Vaccine-Nation Video Documentary Film
FREE
webinar series on vaccines provided by medical doctors via the
Medical
Voices Vaccine Information Center, an organization that brings
awareness of vaccine issues to the forefront via medical doctors.
GENOCIDE
BY VACCINES - A GLOBAL STRATEGYInnoculations
- The True Weapons Of Mass Destruction Causing VIDS (Vaccine Induced Diseases
Syndrome) An Epidemic Of Genocide By Rebecca Carley, M.D.
Were
Tainted Vaccines a Conspiracy to Provoke a Pandemic? Czech newspapers
are questioning whether the shocking discovery of vaccines contaminated
with the deadly avian flu virus H5N1 distributed to 18
countries by the American company Baxter -- were part of a conspiracy to
provoke a pandemic. more...
Support
group for parents, led by parents "Arnica" is a non-profit
Parent Network in the UK supports Natural Immunity. They have nearly 25
groups where parents are linked up by local informal groups, and are also
supported in their non vaccine & natural health choices with a Yahoo
group.
Vaccination
Is Not Immunization is written for everyone concerned about the health
and well-being of their children and of themselves.
Harold
E. Buttram, MD - Current childhood vaccine programs: An overview
with emphasis on the Measles-Mumps-Rubella (MMR) vaccine and of its compromising
of the mucosal immune system (PDF
file)
Vaccine
Legal Exemptions E-Book Comprehensive,
authoritative information about vaccine legal exemptions you can trust,
written by a licensed attorney! Critical details for Parents (natural and
adoptive), College Students, Immigrants, Employees, Employers, Military
Personnel, Healthcare Professionals, Public and Private Agencies, Public
and Private School Personnel, Attorneys--anyone in the United States concerned
with vaccine legal exemptions.
Vaccine
Lawyers Lists lawyers, law firms, and other organizations
dedicated to supporting individuals who a) were damaged by vaccines and
are seeking compensation through the Vaccine Injury Compensation Program,
b) are being harassed by vaccine authorities, or c) are seeking assistance
regarding their religious right to avoid immunizations.
Scientific
Fraud and Vaccines A retired vaccine researcher
goes public on what the pharmaceutical industry and the health authorities
don't want us to know: that vaccines are unsafe, untested and one of the
greatest frauds of our time. Read
the interview
Vaccination
Risk Awareness Network VRAN is a Canadian-based,
not-for-profit educational society, founded by parents whose children have
suffered vaccine reactions and injuries.
The
Terror of Pediatric Medicine is a free downloadable e-book from
IMVA Publications. The e-book covers in-depth the vaccine controversy,
pediatric dentistry, oncology as well as childhood psychiatry and psychology.
Shirley was once a victim
of the never-ending flow of propaganda from the medical establishment who
wants to maintain a monopoly on the word "cure" and who wants us to believe
that we have no control over our own health and that our only hope to get
"well" is with drugs, surgery and radiation. You can read an account
of Shirley's
journey into health without drugs, surgery or radiation.
Dr. Jimmy Gutman, M.D
- "Clinical evidence links low glutathione
levels to the most common illnesses of our time as well as newly emerging
diseases. Glutathione levels diminish as we age and many diseases normally
associated with aging have been linked to glutathione deficiency."
Dr. Allan Somersall M.D
- "To raise glutathione levels is to
reduce premature oxidation, to quench destructive free radicals and help
detoxify the poisons inside each cell when it needs to. Only Immunocal
is clinically proven to do that in a safe, effective and convenient way."
Learn
more...
Vaccine
Adverse Event Reporting System In recent years, the annual
number of reports to the Vaccine Adverse Event Reporting System (VAERS)
has exceeded the total number of reports of routine childhood vaccine-preventable
disease!
more
If
you have a vaccine exemption legal issue or question
or call 919-960-5172 NC. He is one of only a handful of attorneys
in the U.S. with a focus on vaccine legal exemptions. See his article Vaccine
Religious Exemption
Dr Kalokerinos MD-
"Doctors and nurses vaccinate babies without a thought that what they are
doing might be highly dangerous and abusive yet neither they nor anyone
else is willing to take responsibility if something terrible happens. My
final conclusion after forty years or more in medicine is that the unofficial
policy of the World Health Organization and the Save the Children's Fund
is one of murder and genocide."
AN
EPIDEMIC OF GENOCIDE by Dr. Rebecca Carley, M.D.- Inoculations
causing VIDS (Vaccine Induced Diseases)
Vaccine
Reaction Register The Vaccine Reaction Register (VRR) has
been set up to allow parent, relatives and victims of vaccine injuries
record
details of their own reactions to vaccination! Why? So we can try to identify
trends and patterns of which vaccines are causing what side effects with
the aim being able to draw valid statistics from the data gained and preventing
vaccine injury in the future.
GENOCIDE
BY VACCINES - A GLOBAL STRATEGYInnoculations
- The True Weapons Of Mass Destruction Causing VIDS (Vaccine Induced Diseases)
An Epidemic Of Genocide By Rebecca Carley, M.D.
Pharmaceutical
Terrorism and The Medical Insanity of Vaccines
Dr.
Douglass M.D - "How do we turn the tide and get them to close down
the tide of terrorism that flows out, like terrible storm, out of health
clinics and pediatrician offices around the world. "Can you imagine the
economic and political import of discovering that immunizations are killing
thousands of babies?"
Government
Enforced Vaccinations: Vaccination
Tracking Registry Government programs that
limit your choices -and your rights- in health care when it comes to mandatory
vaccination. Legal Issues Raised by the Growing International Movement
Away From Mass Mandatory Immunization
Avoiding
vaccines To avoid all vaccines, you will need to take a religious
exemption
T
h e D R U G S T O R Y A Factological History of
AMERICA'S $10,000,000,000 DRUG CARTEL — ITS METHODS, OPERATIONS,
HIDDEN OWNER-SHIP, PROFITS AND TERRIFIC IMPACT ON THE HEALTH OF THE AMERICAN
PEOPLE.
The Truth
About the Drug Companies : How They Deceive Us and What to Do About It
"The medical establishment works closely with the drug multinationals whose
main objective is profits, and whose worst nightmare would be an epidemic
of good health. Lots of drugs MUST be sold. In order to achieve this, anything
goes: lies, fraud, and kickbacks. Doctors are the principal salespeople
of the drug companies. " Guylaine Lanctot, M.D.
Raising
Public Awareness Most modern maladies are
caused by prolonged exposure to a combination of negative lifestyles and
toxic environmental factors, including junk food and malnutrition, pesticides,
antibiotics, microwaves, chemical pollution of food, water and air, lack
of exercise and chronic stress. These factors are further aggravated by
the failure of modern medicine to recognize them as agents of dis-"ease"
and death and the consequent failure to take preventative measures against
them. more
A
growing number of holistic doctors, pediatricians and veterinarians use
transfer
factors as an alternative to, or in conjunction with conventional
medicine for their acute and chronic cases, including cancer and other
serious health conditions, with excellent outcome.
Dr. Rob Robertson, MD
- "There is no other product in a nutritional substance, nor a drug, that
has this kind of power and ability to affect our immune system. With the
increase of killer viruses, mutated germs, super-resistant germs, and food
contaminations, our only hope and defense, must lie within our own immune
system." Transfer factors and the immune sytem
Home-base
Income opportunity Share with others nature's
gifts that assists us on our journey to optimal health and wellness.
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Male Herbs for Impotence
Peter R. Breggin,
M.D - "The drugging of children has gotten
so out of hand that America is waking up to this. This is a national catastrophe."
more
Julian Whitaker M.D -
"Class
action lawsuits have been filed in Texas, California and New Jersey charging
Swiss pharmaceutical giant Novartis, maker of Ritalin,
with conspiracy to create the psychiatric disorder known as ADHD in order
to fuel the market for their product." more...