National Vaccine Injury Compensation Program facts

national vaccine injury compensation program

In this post I explain how one goes about proving a case in the  National Vaccine Injury Compensation Program (NVICP), and how that differs from proving a case in the civil courts, focusing on what it means to have a no-fault program and proving causation. I will use a case that started with the tragic death of a young child after a vaccine to illustrate the complexity and operation of the program, and also to address the idea of federal preemption, and how it limits the ability of those claiming vaccine injuries to use state courts for their claims.

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Ginger Taylor writes a letter about vaccines – this will be interesting.

ginger taylor

Recently, Ms. Ginger Taylor, a leader in a number of anti-vaccine organizations and a proponent of the belief that vaccines cause autism,  wrote a letter aimed at people participating in vaccine discussions online. In a video, Ms. Taylor said  it’s an expression of her belief she has a duty to warn against vaccines – but the message is directed at “trolls”. She defines trolls as people who contradict her claims about vaccines. Naturally, she hopes to reach anyone willing to consider her points in order to scare them away from immunizing.   Continue reading “Ginger Taylor writes a letter about vaccines – this will be interesting.”

Debunking myths about vaccine testing and safety

vaccine testing

The goal of this article is to respond to a number of recurring myths raised by anti-vaccine activists regarding vaccine testing and safety – a common trope used against vaccines.

The bottom line is that vaccines are extensively and carefully tested for safety, and that vaccine safety is shown by many, many studies from a variety of sources, reinforcing each other and all pointing to the same result – serious problems from vaccines are possible, but extremely rare. And those small, rare risks are far outweighed by the benefits vaccines provide by protecting us against much larger risks.

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Physicians for Informed Consent – another radical anti-vaccine group

Physician for Informed Consent

There are a bunch of anti-vaccine groups out there who invent legitimate sounding names in an attempt to appear to be rational, positive organizations. They’re mostly neither rational nor positive. A new one (at least for me) is a group called the “Physicians for Informed Consent,” whose “vision is to live in a society free of mandatory vaccination laws.”

Although there are individuals who are pro-vaccine but are opposed to mandatory vaccination, mostly on a politically libertarian point of view, almost all of these groups, especially in California, are specifically anti-vaccine. In fact, “informed consent” is one of those veiled code-words used by the anti-vaccine world, especially in the fight against SB277, California’s recently enacted law that removes personal belief exemptions to vaccinations for school age children.

This article is going to examine some of the issues around “informed consent,” then look at a recent statement from the radical anti-vaccine gourd, Physicians for Informed Consent. Continue reading “Physicians for Informed Consent – another radical anti-vaccine group”

Natural News is wrong about mandatory vaccinations – Part 1

natural news

For the typical American skeptic, there is nothing surprising by a headline that says that Natural News get it’s it all wrong. Most skeptics might wonder when they’ve ever gotten it right.

Just to be thorough, Natural News is a website that’s focused on anti-science delusions and pushing junk medicine, while marketing a whole boatload of nonsense remedies and “cures” for whatever makes the website money. It is owned by Mike Adams, self-styled “Health Ranger”, considered one of the biggest lunatics on the internet. Some consider him the #1 American Lunatic (and that takes some serious effort). Adams is so delusional, he insists that he’s just as science-oriented as Neil deGrasse Tyson. Only if it’s one of those alternative universes, I suppose.

Natural News has had a long history of vaccine denial, which always piques my interest, even if it’s to laugh hysterically. Occasionally, however, Natural News takes its anti-science beliefs to a whole new level, one that requires a double-pronged rebuttal and refutation. Continue reading “Natural News is wrong about mandatory vaccinations – Part 1”

Vaccine Court – causation and administrative discretion

vaccine court

A recent case provides insight into how the decisions of the Special Master in the National Vaccine Injury Compensation Program – also known as the Vaccine Court – are reviewed by the appeals system. There are two issues I hope readers can take from this story:

  1. There is an elaborate system for appealing NVICP decisions. Next time someone tries to claim there is no appeal, or that the petitioners are not given a hearing, remind them they’re very wrong.
  2. The legal standard used to assess the Special Master’s findings of facts – what it is and how it works. What we see is that both the judge in the US Court of Federal Claims and the Circuit Court gave the Special Master’s decision pretty close scrutiny. 

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Price v HHS – statute of limitations, tolling, vaccines and autism

Price v HHS

On Thursday May 9, 2014 the United States Court of Appeals for the Federal Circuit ruled that Christopher Wynn (pdf), in the case of Price v HHS (US Department of Health and Human Services), could not be compensated through the National Vaccine Injury Compensation Program (NVICP) – even if he proved a vaccine injury – because his mother, Chandra Price, waited too long to pursue his claim. The court ruled against Ms. Price and Christopher on jurisdictional grounds, but also decided that there was no reason to use equitable tolling, a legal doctrine that allows the court to set aside a technical objection for reasons of fairness. Continue reading “Price v HHS – statute of limitations, tolling, vaccines and autism”

Shoulder injury related to vaccine administration and NVICP

Shoulder injury related to vaccine administration

In 1986, the United States Congress passed the National Childhood Vaccine Injury Act, which among other things created the  National Vaccine Injury Compensation Program (NVICP). The act’s main goal was to protect vaccine manufacturers from vaccine injury claims and liability–but not for the reasons you might think. We are going to take a look at how shoulder injury related to vaccine administration (SIRVA) relates to NVICP claims

Congress was rightly concerned that the costs for these legal actions was going to drive most, if not all, manufacturers from the USA market. That would have been  a horrific problem for the country, with no ability to protect children from deadly and dangerous diseases.

The NVICP provides a no-fault program to resolve vaccine injury claims – “quickly, easily, with certainty and generosity.” The program was (and continues to be) funded by a tax on all vaccines sold in the country. Moreover, using a system of expert administrative “judges” (called Special Masters), a petitioner seeking to establish causation-in-fact must show, by a preponderance of the evidence, that but for the vaccination they would not have been injured, and that the vaccination was a substantial factor in bringing about their injury.

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Vaccines cause SIDS? Not supported by Boatmon vs HHS case

vaccines cause SIDS

This is about the case of little J. B. Boatmon, who was born born four weeks prematurely, at the 36th week.  However, he rebounded from his early start, and at his four-months well baby pediatric visit, on September 2 was doing very well and found healthy.  At that visit, J.B. had the routine 4 months vaccines. Tragically, the next day (September 3) little J.B. was found lifeless in his crib. His death was ruled to be the result of Sudden Infant Death Syndrome (SIDS). But did vaccines cause SIDS in J.B.?

His parents filed suit under the National Vaccine Injury Compensation Program (NVICP). The case was decided on July 10, 2017. Special Master  Thomas L. Gowen with the National Vaccine Injury Compensation Program  granted J.B’s parents compensation.

In August 2017 the Boatmon decision was shared on anti-vaccine sites as evidence that vaccines cause SIDS. The decision does not, however, support the claim because it is flawed internally in several ways. It misuses and discounts the epidemiological evidence, accepts a problematic theory over the objection of a more qualified expert, and ignores several of the important factors of the case. In addition to its internal flaws, the decision is in tension with many other decisions of NVICP – in fact, it seems an outlier – and it is interesting that the same sites that tout this problematic decision ignore other decisions that ruled otherwise. Continue reading “Vaccines cause SIDS? Not supported by Boatmon vs HHS case”

Vaccine injury compensation and mitochondrial disorders

Vaccine injury compensation and mitochondrial disorders

This post examines the treatment by the National Vaccine Injury Compensation Program (NVICP) of the first of two claims (see second one here) heard from those claiming vaccines cause more injuries than acknowledged in recent days. This article will focus on vaccine injury compensation and mitochondrial disorders – while the second one will cover an NVICP decision with respect to a form of an autoimmune syndrome.

The Special Master’s decisions – as many decisions in NVICP are – are long, complex, and examine the evidence closely and in detail. They address factual debates, expert disagreements specific to the case and expert disagreements on the science.

This post won’t cover them – that’s not my goal. All I will address are the Special Master’s conclusion about two hypotheses raised by those who believe vaccines injured their child (and also promoted by anti-vaccine organizations).

The NVICP (commonly called the Vaccine Court) is a no-fault program created by Congress to serve two goals: to protect the vaccine supply by offering limited liability protections to vaccine manufacturers and providers and to help those injured by vaccines – or even those who may have been so injured – be compensated more easily than in the regular courts.

As I addressed in the past, NVICP provides petitioners – as claimants are called – with substantial breaks compared to the regular courts. Petitioners do not have to prove a product defect or any kind of fault; the requirements for proving causation are relaxed; evidentiary rules are relaxed, allowing the introduction of evidence and experts that would not be allowed in a regular court.

NVICP is not, however, a benefits program. Its goal is not providing any parent with a child with a problem support. The United States certainly needs to offer more support to families of children with disabilities, but NVICP’s aim is different: it focuses on compensating injuries that may, at least, have been caused by vaccines.

To be compensated by an NVICP decision a petitioner does need to meet minimal standards suggesting a possible connection between a vaccine and an injury (a settlement does not require similar proof; parties settle for all kinds of reasons, including a view that the case isn’t worth litigating). At the very least a petitioner needs to show an injury, and provide expert testimony (expert testimony is generally needed when someone claims medical causation in the courts as well – that a medical act, device, drug etc. caused harm – with very narrow exceptions).

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