Book Debut on 20 Year Anniversary of the DPT Injury that Took Lorrin Kain's Life
Food for Thought During National Infant Immunization Week

It's National Infant Immunization Week: Vaccine Court $650K Award

Ford_pinto_live_up_to_model_t_1973April 26 - May 2 is National Infant Immunization Week. 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

Respondent denies injury, pays out $650K in lump sum.

JEFF KAY and PAMELA KAY, Parents of MASON KAY, a Minor v. SECRETARY OF HEALTH * AND HUMAN SERVICES

On November 4, 2010, the parties filed a joint stipulation concerning the petition for
compensation filed by Jeff and Pamela Kay on behalf of their son Mason on August 28, 2008. In
their petition, the Kay’s alleged that the Diphtheria-Tetanus-acellular Pertussis (“DTaP”),
Hemophilus influenza type b (“Hib”), inactivated Polio (“IP”), Prevnar, and Rotavirus vaccines,
which are contained in the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which Mason
received on March 3, 2008, caused him to sustain the first symptom of the onset of an
encephalopathy and sustain

Respondent denies that Mason suffered the onset of an encephalopathy within the time Pinto
period set forth in the Table, and that Mason’s seizure disorder and alleged residual effects were
caused-in-fact by the DTaP, Hib, IP, Prevnar, and Rotavirus vaccines.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $650,000.00 in the form of a check payable to petitioners as
guardians/conservators of Mason’s estate.

This amount represents compensation for all damages that would be available under 42
U.S.C. §300aa-15(a).

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Vaccine Information

The details of the Pinto case http://users.wfu.edu/palmitar/Law&Valuation/Papers/1999/Leggett-pinto.html
"The "benefit side" of the equation contains the most controversial number of the analysis--the value of a human life. Ford estimated no alterations to the gas tank design would result in 180 deaths, 180 burn victims and 2100 burned vehicles. In retrospect, these estimates are slightly low. It is hard to determine the exact number of victims because every victim did not file a claim, but these numbers were reasonable estimations at the time. Ford used $200,000 as the "cost" or "lost benefit" for each fatal burn injury, 567,000 for each burn injury and $700 for each burned vehicle. The number quantifying the price of a value life ($200,000) is what makes this problem so difficult. It is hard to decide what a life is worth, but most people feel the value of theirs is greater than $200,000. While this $200,000 figure was the most controversial of the equation, it was not determined by Ford. In 1972, the National Highway Traffic Safety Administration (NHTSA) provided the auto industry with the number $200,725 as the value to be utilized in risk/ benefit analysis such as was done by Ford (see Exhibit 4).

Taximom5

@Christina Waldman, it looks like the Kays' baby did not die, but had vaccine-induced seizures (possibly a life-long seizure disorder, but we'll never know because the records are sealed), with residual effects. Still a terrible and unnecessary outcome. I'm only correcting because I think our side need to be extremely careful to get every last little detail correct.

Kristina

They don't agree that the vaccines were responsible, but they decided to just go ahead and give them $650,000 anyway, to be nice. (sarcasm)

Wayne Rohde

The decision by the Special Master was a joint stipulation from both parties. The Special Master did not issue a decision based upon his findings, just the agreement between both parties.
I am assuming the Rule 4 report by the Respondent probably stated that it was not a clear cut case of injury nor a clear cut case of no injury. So instead, the Respondent continues to claim not responsible, yet they offer to settle.

This is the most common form of compensatory damages awarded in the NVICP. And it creates a problem for independent research into risks associated with vaccination. All medical records and documents are sealed to the general public.

The family is awarded compensation and the government continues to deny any causation in this matter.

Christina Waldman

So the Kays' baby died after his vaccine reaction, after placing their trust in their doctor and on up the line to the federal government who, begrudgingly, after fighting tooth and nail, hands them a check but refuses to say "We're sorry. We'll do better in the future so more babies will not die this way."

If it happens even once, to one baby, shouldn't we just stop doing the 5 vaccines at once for thirteen diseases? That precious, beloved baby--longed for, dreamed of, hoped for, the nursery carefully prepared . . .; his life needlessly, senselessly obliterated because sufficient caution wasn't taken. Granted, this would not solve all the problems, but it seems such a simple precaution to take: just to give each vaccine separately in a single dose. They already know adding the chicken pox vaccine to the MMR increases the number of febrile seizures unacceptably. Doesn't this tell us something?

Our federal government's CDC plainly states it promotes the giving of multiple vaccines at once for efficiency of administration (and benefits to the many outweigh risks to the few, which will always be the case if you look only at numbers). Our federal government which pours tons of our tax money into vaccine research, development, and promotion can't even say to these parents, "We're so sorry. We will correct our faults and do better."

What will make those entrusted with the administration of our vaccine program as a public trust do better?

Benedetta

So the table injury was not exactly --

They do that on purpose.

As in- at one time they said on a table injury that the child's temperature could not go above 102 -- Meaning if a child spikesa temp at 104 - 105 they don't match the table injury.

That was back in 1988 - being all picky and focussing on the temperature of the infants -- which proves they never intended to do what Congress had set it aside to do- to make it easy for those whose lives had been devastated with a vaccine reaction , not to have to suffer additional emotional upset.

Taximom5

Excellent post!

I clicked on the HHS link. HHS claims that Mason's seizure onset was not within the time frame to qualify for a table injury, but Mason's family claimed that it did. I assume that they provided evidence, and that their attorney would not have gone forward with a case against the government without such evidence.

So, this footnote jumped out at me: "Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post it on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002)."

Can anyone FIND a reasoned explanation" of the special master's decision here? All I see is a decision to pay a lump sum while denying guilt--no explanation, reasoned or otherwise.

If Mason's family provided documentation that his seizure disorder onset was within the time frame for a table injury, I would like to see what possible argument HHS came up with to try to wiggle out of it.

5 vaccines (for THIRTEEN diseases) at once, with a proven table injury that was denied, compensated--and then hushed up? NOW is the time to make the loudest, most visible fuss about this. Get this information to Bill Posey, Sharyl Atkisson, Brian Hooker, Alyson Camerota, and blast it on social media, on billboards,and from the rooftops..

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