In 1986, Congress passed the
National Childhood Vaccine Injury Act. This act was in response to the large
number of lawsuits being filed claiming vaccines were causing harm. The act
shielded vaccine manufacturers and medical professionals from liability. This
meant that claimants would bypass the civil court system and immediately go to
federal court. In addition, the plaintiff only needed to prove that the vaccine
caused injury.
On October 1st, 1988,
the National Vaccine Injury Compensation Program (VICP) was formed. The VICP
was "established to ensure an adequate supply of vaccines, stabilize
vaccine costs, and establish and maintain an accessible and efficient forum for
individuals found to be injured by certain vaccines,” according to the US Department
of Health and Human Services.
US Codes (found in Cornell
University’s legal database) state,
(3)
(A) In the case of any person who has
sustained a vaccine-related injury after attaining the age of 18 and whose
earning capacity is or has been impaired by reason of such person’s
vaccine-related injury for which compensation is to be awarded, compensation
for actual and anticipated loss of earnings determined in accordance with
generally recognized actuarial principles and projections.
(B) In the case of any person who has
sustained a vaccine-related injury before attaining the age of 18 and whose
earning capacity is or has been impaired by reason of such person’s
vaccine-related injury for which compensation is to be awarded and whose
vaccine-related injury is of sufficient severity to permit reasonable
anticipation that such person is likely to suffer impaired earning capacity at
age 18 and beyond, compensation after attaining the age of 18 for loss of
earnings determined on the basis of the average gross weekly earnings of
workers in the private, non-farm sector, less appropriate taxes and the average
cost of a health insurance policy, as determined by the Secretary.
“Between 1989 and July 1, 2014, 3,645 compensation awards have been made (amounting to over $2.7 billion in awards and $113.2 million to cover legal costs) and 9,786 claims have been dismissed (amounting to $62.8 million paid to 4,925 dismissed claimants to cover legal costs),” (also from the Dept. of Health and Human Services).
Sources:
www.hrsa.gov/vaccinecompensation/index.html
http://vaccines.procon.org/
http://www.law.cornell.edu/uscode/text/42/300aa-15
It never ceases to amaze me how much opposition vaccines and vaccine manufactures face when trying to help the World. It's really quite ridiculous and it bothers me that some people still think vaccines are actually harmful. Though I'm very glad that the tide has turned in recent years and that vaccines are now generally accepted as a mandatory health necessity. I find your blog very interesting by the way. Keep up the good work!
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