NVIC Vaccine News

Vaccine Injury Compensation: Government’s Broken Social Contract with Parents

By Barbara Loe Fisher
Published November 02, 2015 in Government


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Three decades ago, Congress created a federal vaccine injury compensation program (VICP) and gave the pharmaceutical and medical trade industries a partial product liability shield under the National Childhood Vaccine Injury Act of 1986. The goal was simple: to restrict civil lawsuits against vaccine manufacturers and negligent doctors whenever government mandated vaccines injure and kill Americans. 1

In the 21st century, Congress went further and directed federal agencies to develop a public-private business partnership with the pharmaceutical industry. 2 3 Today, multi-national corporations marketing vaccines enjoy a $15 billion dollar U.S. and $30 billion dollar global vaccine market that will reach $100 billion in 10 years. 4 5

At the same time, Congress appropriates billions of U.S. taxpayer dollars to federal agencies working with Big Pharma to develop hundreds of new vaccines, 6 7 while vaccine licensing standards have been lowered so companies can fast-track experimental vaccines to market. 8 9 Meaningful congressional oversight on vaccine regulation and policymaking is non-existent today, in part because the pharmaceutical industry is the number one wealthiest and most powerful lobby on Capitol Hill. 10 11 12 13

Obtaining Vaccine Injury Compensation: Do You Feel Lucky?

feel-lucky.jpgParents, who file a claim today on behalf of a brain damaged vaccine injured child in the federal vaccine injury compensation program (VICP) under the 1986 Act, know that the odds of obtaining financial assistance from the government are not much better than the odds of winning a lottery. 14 Department of Health and Justice officials fight almost every award in the U.S. Court of Claims so two out of three vaccine injury claims are denied. 15

Parents already traumatized because their healthy child was permanently disabled or died after receiving a government licensed pharmaceutical product they were promised would keep their child well, are traumatized again in what has become a highly adversarial and lengthy process that too often ends in disbelief, anger and heartbreak.

Government Officials Gut 1986 NCVIA and Betray Public Trust

Congress created the National Childhood Vaccine Injury Act (NCVIA) in 1986 as a social contract between government and parents, who are required under state vaccine laws to give their children federally recommended vaccines in order to attend school. Since 1995, the vaccine injury compensation program set up under the National Childhood Vaccine Injury Act has been systematically gutted by government officials, who vigorously opposed passage of the law in 1986 16 and have been determined to destroy it ever since.

After the U.S. Supreme Court in 2011 effectively completely shielded the pharmaceutical industry from all civil liability for injuries and deaths caused by FDA licensed vaccines, 17 there has been no legal accountability for any corporation or individual who develops, licenses, recommends, promotes, administers or mandates vaccines that injure and kill Americans.

The history of the National Childhood Vaccine Injury Act is one that has been marked by a profound betrayal of the public trust by government. At the center of that betrayal are doctors and scientists working for government and with industry, who are so determined to deny vaccine risks and cover up the casualties of one-size-fits-all vaccine policies, that they will throw innocent children under the bus to do it.

Toxic DPT Vaccine Brain Injures Children

PertussisI remember walking the halls of Congress in 1982 with other young parents of DPT vaccine injured children asking for a congressional investigation into the safety of the old whole cell pertussis vaccine. We did not understand why federal health agencies had not required drug companies to make that crude vaccine less toxic. We wanted to know why our babies did not have access to the less reactive new split cell pertussis vaccine in the DTaP shot that Japan was giving their children using technology developed in the 1970’s. 18

We knew that the 1981 British National Childhood Encephalopathy Study revealed that 1 in 110,000 DPT shots was followed by brain inflammation and 1 in 310,000 DPT shots by permanent brain damage. 19 We knew another prospective, case controlled study published in the U.S. the same year revealed convulsions occurred after 1 in 875 DPT shots and a collapse shock reaction occurred after 1 in 875 DPT shots, meaning that at least 18,000 children in America were either having convulsions or collapsing after DPT shots. 20 21

But Centers for Disease Control (CDC) officials did not know who those children were because pediatricians were not required to report vaccine reactions, or inform parents about how to monitor children for signs and symptoms of vaccine reactions, or keep permanent records of vaccines given, or write down serious health problems following vaccination in medical records.

Big Pharma Demands Liability Protection from Vaccine Injury Lawsuits

pointing-fingers.jpgBack in the 1970’s and 80’s, parents were filing product liability lawsuits against the three drug companies selling DPT vaccine and also against one selling live oral polio vaccine after children were paralyzed by vaccine strain polio. Parents were also filing malpractice lawsuits against pediatricians when their babies were re-vaccinated after reacting to previous DPT shots with convulsions, shock, high pitched screaming and unconsciousness, which can be signs of brain inflammation or encephalopathy, 22 a well known complication of vaccination since the first vaccines for smallpox and rabies were used in the 19th century. 23

Thirty years ago, high-powered attorneys for pharmaceutical corporations and pediatricians were blackmailing parents on the courthouse steps before jury trials began to settle vaccine injury lawsuits without going to trial. Few parents had the financial resources to battle big drug companies in court for long periods of time and so many would settle for low sums of money just before the trial began. As part of the settlement, parents had to agree that all court documents about their child’s vaccine injury would be sealed and blocked from public view.

I was among the parents of DPT vaccine injured children, who organized after watching the Emmy award winning TV documentary DPT: Vaccine Roulette in the spring of 1982. We accepted the invitation by congressional leaders taking action after the four drug companies marketing childhood vaccines in the U.S. (Wyeth, Lederle, Merck and Connaught) told Congress they would stop distributing the federally recommended and state mandated DPT, polio and MMR vaccines if Congress refused to give them a liability shield from vaccine injury lawsuits. 24

Vaccine Injury Compensation: “Simple Justice for Children?”

In an era when people communicated with each other on land lines and through the mail because there was no internet, email, personal computers or cell phones, parents of vaccine injured children fought as hard as we could to protect the legal right to sue pharmaceutical corporations for vaccine injuries and deaths under the National Childhood Vaccine Injury Act, which was the solution Congress came up with in response to threats by the pharmaceutical industry. The American Academy of Pediatrics (AAP) called the federal vaccine injury compensation program “simple justice for children.” Politicians said it would be a safety net for every child when vaccine risks turn out to be 100 percent. 25

Broken social contractWe were promised that the program would be a non-adversarial, expedited, less traumatic and less expensive administrative alternative to a lawsuit – not an exclusive legal remedy that prohibited all product liability lawsuits against vaccine manufacturers.

We believed that Congress would keep the promises made to parents when it gave partial liability protection to the pharmaceutical industry producing vaccines and the medical trade industry representing pediatricians. We believed that the informing, reporting and recording vaccine safety provisions, which the co-founders of the National Vaccine Information Center (NVIC) were specifically responsible for securing into that law, would be enforced. 26

Parents Trusted Congress Would Enforce 1986 Vaccine Injury Act

We trusted that Congress would make sure drug companies and federal health agencies would conduct biological mechanism research to identify high risk children and improve vaccine safety, and that all pediatricians and vaccine providers would be required to obey vaccine safety provisions to:

  • give parents written information about infectious diseases, vaccines and how to identify vaccine reactions before their children were vaccinated; and
  • enter reactions and serious health problems developing after vaccination into the child’s permanent medical record; and
  • keep a record of all vaccines given, including the manufacturer’s name and lot number; and
  • file a report with the federal vaccine adverse event reporting system (VAERS) when a child suffered vaccine reaction symptoms and serious health problems, was hospitalized or died after vaccination.

Government Has Broken VICP Social Contract with Parents

Every one of the promises made to parents 30 years ago in that social contract have been broken, and “simple justice for children” has turned out to be a lie. Over the past three decades, government agencies and their pharmaceutical and medical trade industry partners have turned the National Childhood Vaccine Injury Act into a drug company stockholder’s dream and a parent’s worst nightmare.

Government Targets Pertussis Vaccine Injured Children

My sister was vaccine injuredNow, in a desperate attempt to convince the public that vaccines are the only class of pharmaceutical product in the history of pharmacology completely free of serious side effects, 27 28 the genetically defective label is being slapped on children who suffer brain inflammation and permanent brain damage after vaccination. 29 Even though scientists have known for more than a century that vaccines can cause seizures 30 and brain inflammation (encephalitis/encephalomyelitis) 31 32 33 and permanent brain damage, also called encephalopathy, 34 35 doctors working for government and with industry want to pretend that vaccines containing lab altered bacteria and live viruses, toxins, chemicals, foreign DNA and other contaminants 36 do not brain damage anyone, especially healthy infants.

Children who become brain damaged after receiving pertussis-containing vaccines (like DPT and DTaP) are especially being targeted in a blatant effort to rewrite history and cover up vaccine risks and failures. 37 38 Perhaps that is because, among the $3 billion dollars in federal vaccine injury compensation awarded over the past 27 years under the National Childhood Vaccine Injury Act of 1986, the majority of awards for children have been for pertussis-containing vaccine injuries and deaths. 39

The reason for that is because there is a substantial amount of biological mechanism and epidemiological evidence in the medical literature that pertussis vaccine is, indeed, causally related to encephalitis and chronic neurological dysfunction in both animals 40 41 42 and humans 43 44 45 46 47 48 In fact, pertussis toxin, a component of pertussis vaccine, as well as pertussis vaccine itself, have been used by lab researchers for decades to reliably stimulate experimental autoimmune encephalomyelitis in mice and rats. 49 50 51

“Unavoidably Unsafe” Vaccines 100% Safe?

Even though Congress and the U.S. Supreme Court have declared that FDA licensed vaccines are “unavoidably unsafe” for the purpose of banning product liability lawsuits against drug companies, 52 53 54 government officials still want you to believe that vaccines are 100 percent safe for you, your children and everyone you know 100 percent of the time. The “It’s your fault, not the fault of our vaccines” defense is the ultimate free pass the pharmaceutical and medical trade industries are determined to get so they can keep on telling lies like it would be safe to give babies 10,000 vaccines at once 55 to justify forcing one-size-fits-all vaccine policies on all children and adults – no exceptions and no questions asked. 56

The utilitarian “greater good” argument only works if nobody is held accountable for the individuals being sacrificed in the name of the greater good.

Health Officials Blame Spontaneous Genetic Mutations for Vaccine Injuries

The newest ploy is to allege that if a child’s health suddenly deteriorates after vaccination, especially after pertussis vaccination, it is caused by unavoidable de novo – that’s a Latin word for “new ‘‘ - genetic mutations the child probably did not inherit but spontaneously developed at some point in his or her life. 57 58

It's YOUR FaultThat’s right. Government officials and the hired guns they pay with your taxpayer dollars want you to believe that if your child was developing normally before getting three or six or 10 government mandated vaccines on the same day (especially pertussis containing vaccines) and then has a seizure and develops encephalopathy within hours or days of getting those vaccines, your child was predestined to become brain injured at that moment in time, even if no vaccines had been given. 59 60

The government’s “it’s your fault” causation theory goes like this: since public health officials believe it was your child’s destiny to develop random new mutations that cause chronic brain dysfunction, no vaccine injury compensation is to be awarded because the vaccines didn’t do it; the vaccine manufacturer selling the vaccines didn’t do it; the federal health officials who licensed and recommended the vaccines didn’t do it; the state health officials and legislators who voted to mandate the vaccines didn’t do it; the doctor giving the vaccines didn’t do it – you and your child’s spontaneously defective genes did it.

So you and your child are on your own.

Pertussis Vaccine Injured Children Denied VICP Awards

And this is already happening. Normally developing children who have experienced seizures and other signs of encephalopathy within hours or days of vaccination, especially after being injected with pertussis containing vaccines (DTaP), 61 are being denied vaccine injury compensation because government officials argue that vaccinations simply “triggered” the brain deterioration process and the child’s spontaneously defective genes are solely to blame. 62 63 64 65 66 67 And now when a special master in the U.S. Court of Claims does award compensation for a pertussis vaccine injury, it is appealed by the government so that financial assistance is taken away from the child and parents raising their vaccine handicapped child. 68

Vaccine Injured Children Denied AwardsBut not all children with de novo genetic mutations go on to develop seizure disorders and brain dysfunction. A normally developing child might have continued to develop normally for many years if the pertussis vaccine or other vaccines had not been given, but doctors do not screen children for genetic susceptibility before vaccinating them. 69

NCVIA of 1986 Says Susceptible Children Should Be Compensated

The National Childhood Vaccine Injury Act specifies that children with pre-existing conditions made worse after vaccination are not disqualified from receiving vaccine injury compensation. 70 71 That is because susceptible children with underlying health conditions, who develop catastrophic brain injuries after receiving government recommended and mandated vaccines, are precisely the ones who should be the first to be awarded uncontested federal vaccine injury compensation!

We All Have Unique Genetic, Biological, Environmental Differences

Public health officials are well aware that we are all unique individuals and that there are genetic, biological and environmental differences among us, including those that increase our susceptibility to prescription drug and vaccine reactions. 72 73 74 75 76 77 Scientists do not know how, why or when genetic mutations spontaneously occur and cause harm. 78 79 80

Environmental exposures are thought to play a key role in “de novo” genetic mutations, but they are still unexplained in part because the complex science of epigenetics is still in its infancy. Scientists are just beginning to understand that our health is not only affected by the genes we inherit from our parents; our genes are turned on and off and mutate due to environmental exposures and health choices our parents and grandparents made and that we are exposed to our make during our own life. 81 82 83 84 85

Dravet Syndrome: Susceptibility to Seizures After Vaccination

Dravet Syndrome: susceptibility to seizures after vaccinationChildren diagnosed with Dravet syndrome, 86 87 for example, have a rare de novo genetic mutation that predisposes them to develop medication resistant seizures and subsequent brain damage and an estimated 2.5 percent of children who develop seizures after vaccination carry the mutation. 88 89 90 Those children are often perfectly healthy until they experience their first seizure – with or without fever – after a round of vaccinations. 91 92

And yet, children in the U.S. are not being screened for Dravet or any other genetic susceptibility that can trigger seizures and other reactions before doctors give them vaccines. 93 In fact, some doctors insisting on “no exceptions” vaccine use policies have insisted that children with Dravet continue to be vaccinated on schedule even after they develop vaccine-related seizure disorders. 94 They are the same doctors alleging that vaccines do not cause brain damage just because a small percentage of children with de novo mutations associated with Dravet syndrome develop seizures after vaccination! 95

No Science Evaluating the Vaccine Schedule Or Genetic Mutations After Vaccination

The 1986 law requires the Secretary of DHHS to:

(1) “promote the development of childhood vaccines that result in fewer and less serious adverse reactions than those on the market on Dec. 22, 1987, and promote the refinement of such vaccines;” and

(2) “to make or assure improvements in, and otherwise use the authorities of the Secretary with respect to, the licensing, manufacturing, processing, testing, labeling, warning, use instructions, distribution, storage, administration, field surveillance, adverse reaction reporting, and recall of reactogenic lots or batches, of vaccines, and research on vaccines, in order to reduce the risks of adverse reactions to vaccines.” 96

After 30 years, why has Congress failed to enforce that clarion call for research to reduce the risks of adverse reactions to vaccines?

Why the National Childhood Vaccine Injury Act of 1986 has become a betrayal of public trustWhere is the biological mechanism research measuring changes in immune and brain function at the cellular and molecular level when vaccines cause injury and death?

Where are the pathological profiles to help doctors and coroners separate “coincidence” from vaccine induced brain injury and death? 

Where are the studies investigating whether genetic mutations are occurring in a fetus or a pregnant woman after four vaccines are given during the first trimester; or after newborns are given a dose of hepatitis B vaccine on the first day of life; or after a baby has been given 24 vaccinations by age six months; or after a two year old has been given a total of 45 government recommended vaccinations?

Where is the basic science research to compare de novo mutations and chromosomal damage in children and adults before and after vaccination?

Clearly, that knowledge is not important to public health officials and doctors, who have not conducted methodologically sound studies proving that the federal childhood vaccine schedule of 69 doses of 16 vaccines is safe. 97 The refusal by government to compare long-term health outcomes of vaccinated and unvaccinated children to find out exactly who is genetically more susceptible to suffering vaccine harm and if there are differences in the numbers of de novo genetic mutations experienced by vaccinated and unvaccinated children, is indefensible.

NVIC Submits Statements on VICP to GAO and ACCV

In November 2014, the Government Accountability Office (GAO) published a report for Congress that affirmed what parents of vaccine injured children have been saying for years. 98 Part of that GAO report included information provided by the National Vaccine Information Center in a July 2014 referenced statement submitted to GAO. 99

In September 2014, NVIC additionally submitted a referenced statement to the Advisory Commission on Childhood Vaccines (ACCV) protesting the systematic gutting of the definition of encephalopathy and Vaccine Injury Table by CDC officials using rule making authority for the express purpose of denying vaccine injured children federal compensation. 100

NVIC Provides Evidence to GAO and ACCV for Betrayal of Trust

In NVIC’s statements to GAO and ACCV, we reviewed the history of the National Childhood Vaccine Injury Act of 1986 and provided evidence for why that law has become a betrayal of public trust:

FACT: By 2015, over $3 billion in federal compensation had been awarded to more than 4,000 child and adult vaccine victims but two out of three children applying for federal vaccine injury compensation have been turned down, even though there is a $3 billion dollar surplus in the Vaccine Injury Trust Fund; 101 102

FACT: Between 1988 and 1995, vaccine injured children were receiving awards through an administrative procedure. However, when CDC officials changed the rules for obtaining compensation in 1995, including rewriting the definition of encephalopathy, the system became highly adversarial. Today, almost no vaccine injured child can qualify for an uncontested award, especially if they exhibited signs of brain inflammation after vaccination and were permanently brain injured.

FACT: Today, 80 percent of vaccine injury compensation awards are given to adults disabled by flu shots and only 20 percent of awards are given to children legally required to get vaccinated to attend daycare or school;

FACT: Most vaccine injury claims take many years to adjudicate because the Departments of Health and Justice use taxpayer dollars to fight against awarding compensation for the majority of children and adults who apply;

FACT: Parents are not being informed by government officials or doctors about the very short two to three year deadlines for filing a vaccine injury compensation claim for their child, so most parents don’t even know they can file a claim and often miss the filing deadline. On NVIC.org, you can read two outside consultant reports (Banyan 103 and Altarum 104 ) that have independently confirmed that federal health officials have failed to publicize the existence of a vaccine injury compensation program;

FACT: Federal officials are not transparent with the public about details of vaccine injury awards, even though this is a requirement in the law;

FACT: Many pediatricians and other vaccine providers refuse to comply with the informing, recording and reporting vaccine safety provisions in the law. In fact, pediatrician members of the American Academy of Pediatrics and other medical trade industry groups are refusing to give children medical care if their parents do not get them vaccinated according to the CDC schedule.

The VICP Failed Experiment in Tort Reform Should Be Repealed

The vaccine injury compensation program has been a failed experiment in tort reform for many years and it is long past time for a congressional investigation. 105 Years of neglect and failure to provide oversight on a law that parents were promised would be “simple justice for children” has allowed government with the help of industry to break the program apart to the point where it cannot – and should not - be salvaged. Protecting profit-making corporations from product liability, especially when they partner with government to mandate use of their products, is a bad idea.

It is time to repeal the 1986 law and again hold pharmaceutical corporations accountable for the risks and failures of vaccine products in a civil court of law.

Informed ConsentWithout a legal check and balance on companies whose products are mandated by government, vaccines that cause harm and fail to work can stay on the market and people can be exploited, especially when government vaccine policies fail to respect biodiversity and end up selecting the genetically vulnerable for sacrifice.

Defend the Human Right to Informed Consent to Vaccine Risk Taking

The broken social contract with parents by government that at its core is a profound betrayal of public trust, is one more reason why it is so important for Americans to defend the human right to exercise voluntary informed consent to medical risk taking, especially vaccine risk taking. If we don’t protect our legal right to know and freedom to choose now, we will be held captive by corporations and government throwing the most vaccine vulnerable among us under the bus.

Explore NVIC's website and go to NVICAdvocacy.org today and find out how you can work with others in your state to secure and protect flexible medical, religious and conscientious belief exemptions in vaccine laws.

It’s your health. Your family. Your choice.

 

References:


2 National Institutes of Health (NIH). NIH Public Private Partnership Program. Office of Science Policy Dec. 4, 2014.

5 Businesswire. The Global Vaccine Market Is Expected to Surpass Estimated $100 Billion by 2015 . Global Vaccine Market Pipeline Analysis June 27, 2014.

7 NIH. “New Vaccines” and “Vaccines.” Clinicaltrials.gov.

10 Potter W.Big Pharma’s stranglehold on Washington. The Center for Public Integrity Feb. 11, 2013.

11 Carney TP. If Big Pharma likes your healthcare plan, you can keep it. Washington Examiner Nov. 1, 2013.

16 Mariner WK. Innovation and Challenge: The First Year of the National Vaccine Injury Compensation Program . Report prepared for Administrative Conference of the United States 1991.

18 Sato Y, Sato H. Development of Acellular Pertussis Vaccines. Biologicals 1999; 27(2): 61-69.

19 Miller DL, Ross EM Alderslade R et al. Pertussis immunization and serious acute neurological illness in children. Attributable Risk Pg. 1598-1599. BMJ 1981; 282: 1595-1599.

20 Cody CL, Baraff LJ, Cherry JD et al. Nature and Rates of Adverse Reactions to DPT and DT Immunizations. Summary, Pg. 658 : Convulsions and hypotonic hypo-responsive episodes each occurred in 1:1,750 immunizations.” Pediatrics 1981; 650-660.

21 Institute of Medicine Vaccine Safety Committee. Adverse Effects of Pertussis and Rubella Vaccines. Chapter 4: Encephalopathy (pp. 86-88 ). Washington, DC. The National Academies Press 1991.

 

22 Institute of Medicine Committee to Study New Research on Vaccines. DPT Vaccine and Chronic Nervous System Dysfunction: A New Analysis. Executive Summary (pp.1-2) Washington, D.C. The National Academies Press 1994.

23 Belongia EA, Naldway AL. Smallpox vaccine: The Good, the Bad, and the Ugly. Adverse Effects of Vaccination. Clin Med Res 2003; 1(2): 87-92.

24 Coulter HL, Fisher BL. DPT: A Shot in the Dark. Harcourt Brace Jovanovich 1985.

25 Fisher BL. Compensating Vaccine Injuries: Are Reforms Needed? Congressional testimony for House Subcommittee on Criminal Justice, Drug Policy and Human Resources of Government Reform Committee Sept. 28, 1999.

29 Brown NJ, Berkovic SF, Scheffer IE. Vaccination, seizures and

‘vaccine damage.’ Curr Opin Neurol 2007; 20(2): 1818-187.

30 LaRoche SM.Seizures and Encephalopathy. Semin Neurol 2011; 31(19): 194-201

32 Huynh W, Cordato DJ, Kehdi E et al. Post-vaccination encephalomyelitis: Literature review and illustrative case . Journal of Clinical Neuroscience 2008; 15: 1315-1322.

33 Sejvar JJ. Vaccines and Neurologic Disease. Semin Neurol 2011; 31(3): 338-355.

34 The Free Dictionary. Definition of Encephalopathy: Degeneration of brain function, caused by any of various acquired disorders, including metabolic disease, organ failure, inflammation, and chronic infection. American Heritage Medical Dictionary 2007.

35 Bennetto L, Scolding N. Inflammatory Post Infectious Encephalopmyelitis. Post-Vaccination Encephalomyelitis. J Neurol Neurosurg Psychiatry 2004; 75.

38 Doja A. Genetics and the myth of vaccine encephalopathy. Pediatr Child Health 2008; 13(7): 597–599.

41 Steinman L, Weiss A, Lim M et al.Pertussis toxin is required for pertussis vaccine encephalopathy. Proc Natl Acad Sci 1985; 82(24): 8733-8736

43 Miller DL, Ross EM Alderslade R et al. Pertussis immunization and serious acute neurological illness in children. BMJ 1981; 282: 1595-1599.

44 Menkes JH, Kinsbourne M. Workshop on Neurologic Complications of Pertussis and Pertussis Vaccination. Neuropediatrics 1990; 21(4): 171-176.

46 Institute of Medicine Vaccine Safety Committee. Adverse Effects of Pertussis and Rubella Vaccines. Chapter 4: Encephalopathy (pp. 86-88 ). Washington, DC. The National Academies Press 1991.

47 Institute of Medicine Committee to Study New Research on Vaccines. DPT Vaccine and Chronic Nervous System Dysfunction: A New Analysis. Executive Summary (pp.1-2) Washington, D.C. The National Academies Press 1994.

50 Skojkovic A, Maslovaric I, Kosanovic D, Vucetic D. Pertussis vaccine-induced experimental autoimmune encephalomyelitis in mice . Translational Neuroscience 2014; 5(1): 57-63.

52 Holland MS, Krakow RJ. Brief of Amici Curiae National Vaccine Information Center, Its Co-Founders and 24 other organizations in support of petitioners. In: Bruesewitz v. Wyeth filed with Supreme Court of the United States June 1, 2010.

53 Supreme Court of the United States. Bruesewitz v. Wyeth. Feb. 22, 2011.

54 Supreme Court of the United States. Bruesewitz v. Wyeth No. 09-152. Justice Sotomayor with whom Justice Ginsberg joins, dissenting Feb. 22, 2011.

56 Fisher BL. Blackmail and the Medical Vaccine Exemption . NVIC Newsletter May 18, 2015.

57 Genetic Science Learning Center. What Is Mutation? University of Utah 2015.

59 Offit P. Vaccines and Autism Revisited – the Hannah Poling Case. N Engl J Med 2008; 358: 2089-2091.

60 McIntosh AM, McVahon J, Dibbens LM et al. Effects of vaccination on onset and outcome of Dravet syndrome: a retrospective study . Lancet Neurol 2010; 9: 592-598.

61 U.S. National Library of Medicine. DTaP Vaccine: What You Need to Know. June 10, 2013.

63 U.S. Court of Claims. Madison Deribeaux, a minor, by her guardians and natural parents, Gus Deribeaux and Kimberly Bursheim v Secretary of Health and Human Services. VICP case alleging injury by DTaP vaccine. Compensation DENIED June 4, 2012.

64 U.S. Court of Claims. Demetrice Mathis, parent of N.M., a minor v. Secretary of Health and Human Services. VICP case alleging injury by DTaP vaccine. Compensation DENIED June 7, 2013.

65  U.S. Court of Claims. Jed Snyder and Lilia Snyder, Parents of N.S., a minor, v. Secretary of Health and Human Services. Appeal from the U.S. Court of Federal Claims. See Reference # 68.

66 U.S. Court of Claims. Michael B. Waters and Kim K. Waters, as Parents and Legal Representatives of their Minor Son, Karsen Steele Waters v. Secretary of Health and Human Services . VICP case alleging injury by DTaP/IPV/HIB/Prevnar vaccines, significant aggravation. Compensation DENIED June 7, 2014.

67 U.S. Court of Claims. Esfandier Santini and Laurie Omidvar, legal representatives of a minor child, Aydien Cliff Omidvar v. Secretary of Health and Human Services. VICP case alleging injury by DTaP vaccine, significant aggravation. Compensation DENIED June 20, 2015.

68 Snyder and Lilia Snyder, Parents of N.S., a minor, v. Secretary of Health and Human Services. VICP case alleging injury by DTaP vaccine . Compensation AWARDED Jan. 8, 2013; Compensation REVERSED (Taken Away) by US Court of Appeals for Federal Circuit on Jan. 28, 2014 after Secretary of DHHS challenged the federal compensation award for the DTaP brain injured child (this Court of Appeals decision was issued as an "unpublished or non-prejudicial" opinion).

69 Shafir Y. Vaccination and Dravet syndrome. The Lancet Neurology 2012; 9(12): 1147-1148.

70 National Childhood Vaccine Injury Act of 1986 (42 U.S.C. 300 aa). Determination of eligibility and compensation (6) Matters to be Considered : “ The special master or court may find the first symptom or manifestation of onset or significant aggravation of an injury, disability, illness, condition, or death described in a petition occurred within the time period described in the Vaccine Injury Table even though the occurrence of such symptom or manifestation was not recorded or was incorrectly recorded as having occurred outside such period. Such a finding may be made only upon demonstration by a preponderance of the evidence that the onset or significant aggravation of the injury, disability, illness, condition, or death described in the petition did in fact occur within the time period described in the Vaccine Injury Table.” National Vaccine Injury Compensation Program subpart d – Sec. 300 aa-33 – Definition (4) The term “significant aggravation” means any change for the worse of a pre-existing condition which results in markedly greater disability, pain or illness accompanied by a substantial deterioration of health.

71 Attkisson S.Vaccines, Autism and Brain Damage: What’s in a Name? CBS News Sept. 14, 2010.

72 Cariquist JF. Pharmacogenetic Mechanisms Underlying Unanticipated Drug Responses . Discov Med 2011; 11(60: 469-478.

73 Stetler HC, Orenstein WA. History of Convulsions and Use of Pertussis Vaccine. J Pediatr 1985; 107(2): 175-179.

74 Livengood JR, Mullen JR, White JR et al. Family history of convulsions and use of pertussis vaccine. J Pediatr 1989; 115(4): 527-531.

75 Crowe JE. Genetic predisposition for adverse events after vaccination. J Infect Dis 2007; 196(2): 176-177.

76 Institute of Medicine Committee to Review Adverse Effects of Vaccines. Adverse Effects of Vaccines: Evidence and Causality: Evaluating Biological Mechanisms of Adverse Events (p. 57-102), Increased Susceptibility (p. 82). Washington, DC: The National Academies Press 2012.

77 Partinen M, Kornum BR, Plazzi G et al.Narcolepsy as an autoimmune disease: the role of H1N1 infection and vaccination. Lancet Neurol 2014; 13(6): 600-613.

78 Loewe L. Genetic Mutation. Nature Education 2008; 1(1): 113.

79 Escayg A, Wong JC.Toward Routine Genetics-Based Diagnoses for the Epileptic Encephalopathies. Epilepsy Curr 2014; 14(3): 158-160.

80 Genetic Literacy Project. Autism study reveals patterns in family genetics . May 19, 2015.

81 Lou L, Zhang X, Wang D, Baccarelli A.Environmental chemical exposures and human epigenetics. Int J Epidemiol 2011; 1-27.

82 Schmidt CW. Uncertain Inheritance: Transgenerational Effects of Environmental Exposures. Environmental Health Perspectives October 2013;12(10).

83 Choi SW, Friso S. Epigenetics: A New Bridge Between Nutrition and Health. Adv Nutri 2010; 1: 8-16.

86 Dravet C. The core Dravet syndrome phenotype. Epilepsia 2011; 52(Supple 2): 3-9.

87 Dravet Syndrome Foundation. Incidence of Dravet Syndrome. 2015.

88 Marini C, Scheffer IE, Nabbout R et al. The genetics of Dravet syndrome. Epilepsia 2011; 53 Suppl 2: 24-29.

91 Ben-Menachem E. Vaccination and the Onset of Dravet Syndrome. Epilepsy Currents 2011; 11(4): 120-122.

92 Tro-Baumann B, von Spiczak S, Lotte J et al. A restrospective study of the relation between vaccination and occurrence of seizures in Dravet syndrome . Epilepsia 2011; 52(1): 175-178.

93 Shafir Y. Vaccination and Dravet syndrome. The Lancet Neurology 2012; 9(12): 1147-1148.

94 McIntosh AM, Scheffer IE, Berkovic S. Vaccination and Dravet Syndrome – Authors’ reply. The Lancet Neurology 2010; 9(12): 1148-1149.

95 Brown NJ, Berkovic SF, Scheffler IE. Vaccination, seizures and ‘vaccine damage.’ Curr Opin Neurol 2007; 2: 181-187.

96 National Childhood Vaccine Injury Act of 1986 (42 U.S.C. 300 aa-27). Mandate for safer childhood vaccines. General rule.

97 Institute of Medicine Committee on the Assessment of Studies of Health Outcomes Related to the Recommended Childhood Immunization Schedule. The Childhood Immunization Schedule and Safety Stakeholder Concerns, Scientific Evidence and Future Studies:Summary: Health Outcomes (p. 5-6) andConclusions About Scientific Findings (p. 11) and Review of Scientific Findings (p. 75-98). Washington, D.C. The National Academies Press 2013.

98 U.S. Government Accountability Office (GAO). Vaccine Injury Compensation: Most Claims Took Multiple Years and Many Were Settled through Negotiation . GAO Report Nov. 21, 2014.

101 Department of Health and Human Services. Vaccine Injury Compensation Program Data and Statistics. HRSA Oct. 1, 2015.

105 Fisher BL. The Vaccine Injury Compensation Program: A Failed Experiment in Tort Reform? Presented to Advisory Commission on Childhood Vaccines Nov. 18, 2008.

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14 Responses to "Vaccine Injury Compensation: Government’s Broken Social Contract with Parents"
Commenter Name
Yolanda Willis
Posted: 11/10/2015 11:46:44 AM
Our government lies about a lot of things to the American public and protects agencies and companies such as the pharmaceutical and Monsanto but to continue to kill our children without any responsibility AGAIN only confirms their agenda to destroy this country!
Commenter Name
Steve Sanborn
Posted: 11/10/2015 11:56:17 AM
A government by the people,for the people and of the people would never throw its children under the bus as our govt has...but....a Godless Socialist govt would do it willingly.
Commenter Name
m
Posted: 11/10/2015 12:00:59 PM
I have great respect for this woman and her crusade because it is based on TRUTH!
Commenter Name
Kathryn Cleveland
Posted: 11/10/2015 12:39:28 PM
Thank you, Barbara Loe Fisher.
Commenter Name
Mari
Posted: 11/10/2015 12:59:32 PM
This is America we should always have the right to make our choice!!!!! my body my kids my life. They are not God and have no idea what they are doing. My daughter suffered from a reaction but no one knows because pediatricians don't care, don't report, don't want to be bothered. Our country has been going down the hill for a while now, time to improve! If everyone acts, we will be able to make a good difference! Even if you believe otherwise trust me you will change your mind once you hold a child in your hands hopeless, unconscious, I did!!!!
Commenter Name
Walter Kyle
Posted: 11/10/2015 2:19:30 PM
In the Vaccine and Related Biological Products Advisory Committee (VRBPAC) meeting on May 7, 2010, transcript @230, the head of the team that developed the Lawrence Livermore Microbial Detection Array, Dr. Holly Franz, stated: I was struck with was how retrospective all this study was on the vaccines. We have the capability now to take a look at, once a vaccine is given, what are the micro RNAs that are being produced by that individual as they are responding to that vaccine. What are the cytokine levels, what are the immunomodulators that are being released. So instead of waiting around going, hmm, is that child going to get sick, are we going to have an adverse reaction, let's be a little bit more prospective and look at what is going on at the molecular level that we now have the tools to take a look at [it]. Bottom line - FDA blocked use of the LLMDA for diagnosing vaccine reactions six months later.
Commenter Name
Richard Sacks, Host of Lost Arts Radio
Posted: 11/10/2015 3:29:43 PM
Dear Barbara and friends on this forum, Thank you for caring about these issues. The vaccine program including the law to shield everyone involved in this assault is actually working perfectly, it is not defective. It is actually much too late in the game to mince words or beat around the bush so to speak. Anyone who studies the real history of vaccines knows well that they have never prevented any diseases, and have been given credit where sanitation and hygiene accomplished the reduction of various diseases before the vaccines were even used supposedly to prevent them. Watch the documentary called Lethal Injection, the Story of Vaccination for extensive details. You can also read Dissolving Illusions by Dr. Suzanne Humphries, Vaccination is not Immunization by Dr. Tim O'Shea, and The Syringe of Death by Dr. Rima E. Laibow, all recommended if you need more detailed education. Vaccination was never preventing disease, but right from the start in about 1790, even before the addition of the unspeakably horrible poison ingredients that have now been added (Nagalase among them), vaccines were starting and spreading deadly epidemics, with smallpox first, then other diseases. Most people who want vaccine freedom stop short of the full truth. Vaccines are not a dangerous medicine, they are a weapon, pure and simple. Many in the medical industry don't know this, but those at the top of the system certainly do. The myth that the "elite" get clean vaccines is false, because there is no such thing. You are the authority in your own life, not some "expert," whose motives and knowledge are often highly questionable. You can do the research yourself, and you will see what is true or not true without some drug maker or dealer falsifying the results, as is done all the time. CDC, FDA and other such agencies have criminal conflicts of interest. They are not in this to help the public in any way. CDC has a patent on Ebola. FDA has approved as safe every deadly drug that they have later had to recall. These things should give us a clue. Common sense is, and always has been, above "science," which is often corrupted to serve the goals of industry. Real science is based on observation, pattern recognition and honest testing, often inspired by intuitive hunches that lead to great discoveries. Anyone can do this who wants to develop the skills. But modern science now belongs largely to corrupt industries, such as the vaccine industry. Do your own research and appreciate the sharing of insight from groups like NVIC. Vaccines have zero redeeming qualities. It may soon be illegal to say this in the US and many countries. The makers need to be indicted, not helping to make laws that control you. Most of these problems are coming directly and intentionally from malevolent people in positions of power. Becoming awake, highly conscious, and working on yourself, these things are the access point to healing power which the rulers want us never to discover. But we must do this work and get back in touch with who we really are and what we can really do,before we are all so highly vaccinated, drugged and misinformed, that the possibility of reclaiming our God-given freedoms no longer exists. I appreciate you all and wish you the best of everything in life. Richard Sacks Independent Holistic Health Scientist Since 1965 [email protected] [email protected]
Commenter Name
Roxann Huffman
Posted: 11/10/2015 9:05:43 PM
Being a young mother, I listened to the doctors and my son was given the hepatitis shot on day one of his life after being born. The nurses handed him to me and I was horrified because his hands and feet were a bright blue like the highlighting on the bottom and top of this computer page. They said, oh it is normal and told me not to worry, but I knew something was horribly wrong. My son's feet were completely blue half way up to his knees. Years later I found out that this is a reaction to the hepatitis shot and I was so angry, you have no earthly idea and I will refrain from cussing on this forum, but that is how I feel and also to rip to shreds some greedy, evil, from the bowels of sheol entities behind this whole nightmare. I vowed to never vaccinate my son and he thankfully didn't get his MMR after this, but sadly he has resulting asthma, and allergies and seasonal illnesses that my younger son never gets because my younger son was never vaccinated because I learned the hard way as a very young, and naive mother with my precious first born son. I will never be happy until these criminals are put away for life!!!!!!!!!!!!!!! Or for eternity!!!!!!!!!!!!!!!!
Commenter Name
Yvetta Williams
Posted: 11/13/2015 2:29:55 PM
Barbara is SO CORRECT! We must fight and not loose this battle and our personal rights. FIGHT on concerned citizens and educate the others. We are being run over and stomped on. HELP!!!
Commenter Name
Beckie Cann
Posted: 12/13/2015 6:32:05 PM
I am a vaccine-injured Desert Storm Veteran, 1990-91. And I have been told for 25 years that because I am female, I was predisposed to vaccine injury / vaccine adverse events. Lo and behold, the "always-so-late", "half a century behind modern medicine" Institute of Medicine (IOM) has spoken: Research on Chronic Fatigue Syndrome (CFS), which is MOST frequently caused by vaccines / toxins, is moving from Office on Women's Health to non-gender-specific National Institute of Neurological Disorders and Stroke (NIND). And EVERYBODY has told me that I cannot sue the government or Army / VA physicians because of Ferris Doctrine. Exceptions to the Ferris Doctrine are medical malpractice, wrongful death and medical negligence at both branch and VA. My military medical records are chock-full of proof regarding vaccine-derived heart disease and chronic, acute viral infections, all surfacing AFTER pre-deployment vaccines for Desert Storm, November 1990. Thus far, I have found at least 3 East Coast attorneys who are willing to take my vaccine injury case to federal torts court claiming 2 out of 3: Medical malpractice and medical negligence stemming from military vaccine injury, subsequent disability / un-employability, and vaccine-derived, terminal heart disease. Parents NEED to 1.) join together and 2.) file a "group" legal action; 3.) pool their funds toward full-blown trial, 4.) NEVER SETTLE OUT OF COURT, and 5.) sue the government for 1.) "creating / maintaining a hazardous environment" throughout the medical industry from children to pregnant mothers, 2.) civil action for attempted and / or mass murder, 3.) government-approved medical negligence, 4.) government-approved medical malpractice, ad nauseam. And ultimately JUMP-START valid lawsuits against pharmaceuticals, board members and shareholders who are simultaneously politicians. PARENTS NEED TO FIND A WAY BEFORE SOCIETY SUCCUMBS TO GENOCIDE BY VACCINE. I am disgusted by the fact that many other developed countries banned vaccines: France, UK, Korea, ad nauseam. All the while, U.S. pharmaceuticals with U.S. government approval bull over its "un-free" citizens, rendering its population impotent in stopping its government from systemic, cold-blooded murder. Recently, Sen. Kennedy equated mandatory vaccination with the holocaust. THAT truth disgusts me, too.
Commenter Name
Jane
Posted: 1/4/2016 11:06:18 AM
Your source for reference number 18 does not say Japan and France banned the Pertussis vax, rather it indicates support for the Pertussis vaccine. http://www.sciencedirect.com/science/article/pii/S1045105699901811
Commenter Name
Jane
Posted: 1/4/2016 11:18:21 AM
Ah my bad. Citation 18 was for the different kind of Pertussis vax that researchers found was superior. "We wanted to know why our babies did not have access to the less reactive new split cell pertussis vaccine in the DTaP shot that Japan was giving their children using technology developed in the 1970’s. 18" EDITOR NOTE: Correct Jane, glad you saw that. Happy New Year and thanks for your support.
Commenter Name
kapoore
Posted: 3/25/2017 2:42:48 PM
Please let me know if there is a Congressperson that is willing to put forward a bill to repeal the 1986 Vaccine Injury Compensation Act. We need to repeal this monster, then the courts can decide if vaccines are safe. Doctors, hospitals, insurance companies (with mandates), and manufacturers need to be open to lawsuits.
Commenter Name
kapoore
Posted: 3/25/2017 2:44:27 PM
Please!! We need to repeal the Vaccine Injury Act of 1986. That is the only thing that will save children.

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