On April 1, 2019, Chief Special Master Nora Beth Dorsey rejected a lawsuit from Dr. Theresa Deisher before the National Vaccine Injury Compensation Program for compensation for the loss of her young son (referred to as H.S.) who died on July 3, 2015, aged 14, from an aggressive cancer. It is horrible to lose a child at any age, and incredibly painful to lose a young child.
H.S.’s last year appeared to be difficult to all concerned, and I would like to offer Dr. Deisher my very sincere condolences. But there was no good basis to blame his cancer or death on vaccines, and the theories offered were very, very implausible. Continue reading “Vaccines did not cause cancer in the son of Dr. Theresa Deisher”
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:
- 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.
- 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.
Continue reading “Vaccine Court – causation and administrative discretion”