Vaccine Injury Compensation: A Failed Experiment in Tort Reform?

Managing Editor's Note: Barbara Loe Fisher, president of the National Vaccine Information Center spoke in front of the Advisory Commission on Childhood Vaccines last Tuesday. Here is her follow up, and a link to her statement.

By Barbara Loe Fisher

On Nov. 14, 1986, President Ronald Reagan signed the National Childhood Vaccine Injury Act of 1986 into law, instituting first-time vaccine safety reforms in the U.S. vaccination system and creating the first no-fault federal vaccine injury compensation program alternative to a lawsuit against vac cine manufacturers and pediatricians. Twenty-two years later, on Nov. 18, 2008,I made a statement (Barbara Loe Fisher, Nov 18, 2008 — Advisory Commission on Childhood Vaccines) to the Advisory Commission on Childhood Vaccines (ACCV) and questioned whether the compensation program is fatally flawed and so broken that it should be repealed. Many parents are wondering whether it would be better to return to civil court without restrictions to sue vaccine manufacturers and doctors for injuries and deaths their children suffered after receiving federally recommended vaccines.

During its two-decade history, two out of three individuals applying for federal vaccine injury compensation have been turned away empty-handed even though to date $1.8B has been awarded to more than 2,200 plaintiff's out of some 12,000 who have applied. Today, nearly 5,000 vaccine injury claims are sitting in limbo because they represent children, who suffered brain and immune system dysfunction after vaccination but have been diagnosed with regressive autism, which is not recognized by the program as a compensable event. There is $2.7B sitting in the Trust Fund which could have been awarded to vaccine victims.

Click HERE to read Barbara's statement on 11/18.

Comments

[Twyla]

BLF has been working so hard for so long! What a brilliant clear knowledgeable voice! I wish Obama and Daschle would spend an hour with her!

Thank you so so much, Barbara Loe Fisher.

[kerbob1]

If vaccine court is busted up at this late stage all that will mean is the only kids that will have justice are those born to the Autism elitists.

I just covered this on my blog.

http://kerboblog.blogspot.com/2008/11/preemption-preemption.html

Politics is the business of exchanging favors, justice isn't. One good thing about vaccine court is that it equalizes claims. There's no such thing as major client status. The people imprisoned behind the walls of the gated communities have to accept justice, for all.

[candace]

this is a brillant snapshot of a bizzare beauracratic bs system.we need to work hard on the admin. comming in to change this .i believe daschle is appointed by obama as HHS.something happened when bush went GLOBAL..as a rn in nys..it has not been said outloud but global seemed to equate to a greater acceptable collateral damage..heath officials here repeat the mantra..its only a air flight away} this neuro assult on our babies and toddlers is insane.candace

[AutismFather]

Barbara Lou,
The best, most comprehensive letter I've read all year. This should be in the NEJM, not the junk they print.

[Holly M.]

Wow! What an unbelievable statement. What was the reaction? I remember Dan Burton fighting this fight. Who's plate does this fall on? What do we need to do to get the NVCP, etc. changed?