Shoulder injury related to vaccine administration (SIRVA) and NVICP

SIRVA

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

Congress was rightly concerned that the costs for these legal actions were 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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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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Vaccines did not cause cancer in the son of Dr. Theresa Deisher

Theresa Deisher

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”

Oliver vaccine injury case – Court denies appeal of NVICP ruling

vaccine injury case

On January 9, 2019, the Federal Circuit’s Court of Appeals decided not to rehear an appeal by Laura and Eddie Oliver of a decision of a vaccine injury case (referred to as “Oliver”) by a special master of the National Vaccine Injury Compensation Program (NVICP) who ruled that the NVICP would not award compensation to their son for his developmental delays and seizure disorder.

Circuit Judge Pauline Newman dissented to the Court of Appeals decision, joined by Judge Jimmie V. Reyna. Although Judge Newman’s dissent carries no legal authority, it can be offered as persuasive materials in other cases. It should not, however, carry much weight, because Judge Newman’s dissent mischaracterizes the Oliver vaccine injury case, mischaracterizes the relevant science, and makes numerous other errors.

This article will examine the Oliver vaccine injury case along with the scientific issues involved. Continue reading “Oliver vaccine injury case – Court denies appeal of NVICP ruling”

Anti-vaccine activists links itself to women’s #MeToo issues – not credible

metoo

Anti-vaccine activists consistently try to incorporate other groups’ slogans and statements, such as #MeToo, to increase legitimacy. Rarely, it gets some traction – for example, they have somewhat successfully convinced some Republican lawmakers that their demand to be able to send their children to school without vaccinating them are about “parental rights”, even though they have no parental authority over the classmates that could be put at risk by unvaccinated children.

More often, these attempts fall flat. For example, the anti-vaccine movement tried to build on the black lives matter movement with their own version, “vaccine injured lives matter” – with jarring, painful results, especially from the anti-vaxxer community that skews white and wealthy.

Recently, the anti-vaccine movement has tried to adopt two other slogans. First, it tried to claim that the “my body, my choice” statement used by pro-choice activists can be used to oppose school mandates.

Second, it tried to claim that the #metoo movement means that it’s inappropriate to disbelieve mothers who claim their children were injured by vaccines. Both claims are incorrect and jarring, though in different ways. This second post will address the second claim, about the #MeToo movement. Part addressed the “my body, my choice” claim. Continue reading “Anti-vaccine activists links itself to women’s #MeToo issues – not credible”

Del Bigtree vaccine safety complaints – HHS Vaccine Program responds

Del Bigtree Andrew Wakefield

On January 18, 2018, Dr. Melinda Wharton, Acting Director of the National Vaccine Program Office in the Department of Health and Human Services, sent Mr. Del Bigtree, an anti-vaccine activist, and producer of the anti-vaccine film Vaxxed, a response to questions he raised about vaccine safety. The response is a very informative description of the substantial efforts regarding vaccine safety, and can and should reassure parents that there is abundant data – and many monitoring mechanisms in place – to examine and address vaccine safety, and that the expert consensus that vaccines are very safe is well grounded.

This post will shortly describe the background to the letter from Dr. Wharton, then provide some of the highlights. I do, however, encourage people to read the full letter, available here (pdf), for themselves, to understand many vaccine safety issues. Continue reading “Del Bigtree vaccine safety complaints – HHS Vaccine Program responds”

Maine anti-vaccine legislation appears again – flawed and misleading

On 4 January 2019, the Maine Coalition for Vaccine Choice – a Maine anti-vaccine organization – posted an article about a proposed bill that they called “The Maine Vaccine Consumer Protection Program.” As with the coalition’s previous attempt to pass such a bill, in 2015, the proposal is ill-founded. The premises it is based on are flawed, and the proposals themselves range from directly misleading to not very meaningful. Continue reading “Maine anti-vaccine legislation appears again – flawed and misleading”

Vaccines cause SIDS? Not supported by Boatmon vs HHS case

vaccines cause SIDS

This is about the case of little J. B. Boatman, who was 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”

Plus ça change – anti-vaccine activists revive the Hannah Poling case

Hannah Poling

Following a pattern we have seen repeatedly, anti-vaccine activists have tried to claim a conspiracy to hide a link between vaccines and autism. The latest effort, reviving the Hannah Poling case, follows the pattern we have seen in previous cases – anti-vaccine activists claim that the government knew of evidence that vaccines cause autism (in this case, through mitochondrial disorders), that the government committed fraud to hide that information, and that the combination of fraud and evidence should be a game changer.

As with those past events, the claims cannot withstand scrutiny. In this case, another claim was added – a denial of due process for claimants in the Omnibus Autism Proceedings generally and in one family’s case specifically. This claim, too, does not hold. 

In contrast to the claims in the latest set of anti-vaccine articles, there was no fraud by the government, the behavior they complain about did not decide the fate of the Omnibus Autism Proceedings, they provide no new evidence that vaccines cause autism, the mitochondrial claim is neither new nor strong, and there was no denial of due process to the claimants in the Omnibus Autism Proceeding or in the specific case in question. Continue reading “Plus ça change – anti-vaccine activists revive the Hannah Poling case”