Autistic children face lawsuit limits

St. Petersburg Times ^ | Nov. 16 | By SARA FRITZ

[kingedgars]

A measure slipped in the homeland security bill would mean those injured by childhood vaccines could collect only $250,000.

[Kozak]

Schools across the country innoculate children against Hep C, a disease found exclusively in high risk groups: gays; iv drug users; etc.

Please get at least the basic facts right. The hepatitis vaccine is against hepatitis B, not C. And while it's not easy to get it not every one who gets it falls into a high risk group, and it's frequently fatal.

[TomB]

True. I can only wonder what kind of compensation the lawyers and victims are seeking. 10 or 20 million per autistic child? And does the substance actually cause autism?

The sad thing is that there has never been a properly done study that showed any kind of relationship of MMR to autism.

[RWG]

Sure the families should be made whole, but not by killing our drug companies with unwarranted claims...if a jury finds for the plaintiff then the claim was warranted.

[Happygal]

Schools across the country innoculate children against Hep C, a disease found exclusively in high risk groups: gays; iv drug users; etc.

Found exclusively? I don't think so. I'm in Ireland, and we recently had a crisis because our Blood Transfusion Service had used plasma (imported from the US, if I'm not mistaken) which was contaminated with Hep C. Unfortunately, some of those who contracted the damned disease died before the investigating tribunal (it was the Lindsey Tribunal, if you want to do a search on it) made its findings.

[chance33_98]

More then likely it is like the bible - someone intepreted it to their own needs (read - attorney)

[chance33_98]

perhaps here where it modifies The Public Health Service Act (Though just a guess, still looking....)

SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFACTURER.

Section 2133(3) of the Public Health Service Act (42 U.S.C. 300aa-33(3)) is amended--

(1) in the first sentence, by striking `under its label any vaccine set forth in the Vaccine Injury Table' and inserting `any vaccine set forth in the Vaccine Injury table, including any component or ingredient of any such vaccine'; and

(2) in the second sentence, by inserting `including any component or ingredient of any such vaccine' before the period.

[TomB]

Here are the relevant amendments:

SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFAC- TURER. 23 Section 2133(3) of the Public Health Service Act (42 U.S.C. 300aa–33(3)) is amended— (1) in the first sentence, by striking ‘‘under its label any vaccine set forth in the Vaccine Injury Table’’ and inserting ‘‘any vaccine set forth in the Vaccine Injury table, including any component or in- gredient of any such vaccine’’; and 5 (2) in the second sentence, by inserting ‘‘includ- ing any component or ingredient of any such vac- cine’’ before the period.

SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RE- LATED INJURY OR DEATH. Section 2133(5) of the Public Health Service Act (42 U.S.C. 300aa–33(5)) is amended by adding at the end the following: ‘‘For purposes of the preceding sentence, an adulterant or contaminant shall not include any compo- nent or ingredient listed in a vaccine’s product license ap- plication or product label.

SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE. Section 2133 of the Public Health Service Act (42 U.S.C. 300aa–33) is amended by adding at the end the following: ‘‘(7) The term ‘vaccine’ means any preparation or suspension, including but not limited to a prepa- ration or suspension containing an attenuated or in- active microorganism or subunit thereof or toxin, de- veloped or administered to produce or enhance the body’s immune response to a disease or diseases and includes all components and ingredients listed in the vaccines’s product license application and product label.

SEC. 1717. EFFECTIVE DATE. The amendments made by sections 1714, 1715, and 1716 shall apply to all actions or proceedings pending on or after the date of enactment of this Act, unless a court of competent jurisdiction has entered judgment (regard- less of whether the time for appeal has expired) in such action or proceeding disposing of the entire action or proceeding.

Those seem to be the only amendments that mention vaccines.

Maybe it's just that it's in legalese, but I don't see anything in there that they say is there.

[Kozak]

Isn't it hypocritical, for example, how the medical profession complains that there aren't enough doctors because of lawyers, when in fact the medical profession severely restricts membership? Overseas one can get a medical degree as an undergraduate, and for a lot less money and suffering. In the USA, reliable academic sources have revealed just how few medical students are in the industry for anything but the money. And only 1 in 4 med. malpractice lawsuits results in a favorable award for the plaintiff. Think how much worse those cold & calculating doctors would be if they didn't have such a disincentive though.

First Doctors don't restrict the supply. It's restricted by the huge cost of educating a physician TO OUR STANDARDS. Do you really think an undergraduate degree would make a good physician?

Second so what if they are " in it for the money? Someone who claims to do something out of sheer altruism is always suspect. What profession would work so hard and sacrafice so much without some reward? Trial lawyers?

Third if only one of 4 rewards is favorable for the plaintif, then I guess 3/4th of the complaints were unjustified. Too bad the doc has to spend money effort and time to fight those. Remember the plaintif gets a free ride, no win no pay. And if the shyster scores even 1/4 he's making quite a living.

Keep pushing the litigation, and pretty soon you will have a major crisis in this country. Already Las Vegas has lost it's Level 1 trauma center because of inability to staff due to malpractice rates. Lots of other states are headed the same way. Maybe you can visit your friendly shyster next time you have chest pain, or appendicitis.

[chance33_98]

National Vaccine Injury Compensation Program Sec. 300aa-33. Definitions

For purposes of this part:

(1) The term ''health care provider'' means any licensed health care professional, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities) under whose authority a vaccine set forth in the Vaccine Injury Table is administered.

(2) The term ''legal representative'' means a parent or an individual who qualifies as a legal guardian under State law.

(3) The term ''manufacturer'' means any corporation, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, andinstrumentalities), which manufactures, imports, processes, or distributes under its label any vaccine set forth in the Vaccine Injury Table, except that, for purposes of section 300aa-28 of this title, such term shall include the manufacturer of any other vaccine covered by that section. The term ''manufacture'' means to manufacture, import, process, or distribute a vaccine.

(4) The term ''significant aggravation'' means any change for the worse in a preexisting condition which results in markedly greater disability, pain, or illness accompanied by substantialdeterioration of health.

(5) The term ''vaccine-related injury or death'' means an illness, injury, condition, or death associated with one or more of the vaccines set forth in the Vaccine Injury Table, except that the term does not include an illness, injury, condition, or death associated with an adulterant or contaminant intentionally added to such a vaccine.

http://www.attorneyaccess.net/Old/VaccineAct.html

[ventana]

Pardon, me you are quite right it is against Hep B. But Kozak, really, it is state mandated meaning your kid can't go to school unless they are innoculated. In Buffalo,NY in the last year, or two, a state agency came and took away kids because they were not innoculated! Believe it or not. Parents have to jump hurdles to avoid the Hep B vax; I know, I checked into it. One must write the city and the school board, and even then may not be granted a waiver. Now if that isn't built in biz for the pharmaceuticals, what is? Moreover, there is such a minor fraction of a percent of the total population of children who contract Hep b, that this requirement is ludicrous. As I said, and if you are a medical professional, you know well, in order to get it, you must have engaged in high risk sex with a homosexual, a prostitute, or an IV drug user. Five year olds and under do not engage thus. They would be more likely to contract Lyme disease, particularly here in NY state, then Hep B, but there is no requirement for that vax--another flawed vax rushed too soon to market. BTW, France has outlawed the Hep B vax and Italy, I believe, has severely restricted it, in the innoculation of children, as averse results have been demonstrated in trials, particularly a relation to diabetes. FWIW. V's wife.

[chance33_98]

and finally:

Sec. 300aa-15. Compensation

(a) General rule. Compensation awarded under the Program to a petitioner under section 300aa-11 of this title for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, shall include the following:

(1)

(A) Actual unreimbursable expenses incurred from the date of the judgment awarding such expenses and reasonable projected unreimbursable expenses which - (i) result from the vaccine-related injury for which the petitioner seeks compensation, (ii) have been or will be incurred by or on behalf of the person who suffered such injury, and (iii)(I) have been or will be for diagnosis and medical or other remedial care determined to be reasonably necessary, or (II) have been or will be for rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary.

(B) Subject to section 300aa-16(a)(2) of this title, actual unreimbursable expenses incurred before the date of the judgment awarding such expenses which - (i) resulted from the vaccine-related injury for which the petitioner seeks compensation, (ii) were incurred by or on behalf of the person who suffered such injury, and (iii) were for diagnosis, medical or other remedial care, rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary.

(2) In the event of a vaccine-related death, an award of $250,000 for the estate of the deceased.

[chance33_98]

from here (meant to add that to end of last post).

[ventana]

That is terrible, but dear, the tainted blood came from the same high risk groups. Search here(on FR) for Budge's blood trail links. My point is, it is limited to high risk groups and an analogy can be made that this would be akin to innoculating children against herpes. What's implicit is the suggestion that certain behaviors are guaranteed eventually. Morally, many would argue against that. And many would argue that the Pharmaceuticals involvement in mass innolucation against a primarily sexually transmitted disease in tandem with the State schools deep commitment to Planned Parenthood, smacks of a Brave New World approach to preparing our children from the age of 18 months for a cynical, promiscuous lifestyle. V's wife.

[TomB]

So, we have all the relevant information.

What does it mean? ;-)

About the only thing I can see that is relevant is "and includes all components and ingredients listed in the vaccines’s product license application and product label."

And since a preservative isn't a contaminant or adulterant, it seems like a reasonable inclusion.

[TomB]

Up and at'em boys.

You speak this language better than I do. What do you make of it?

[chance33_98]

is Modified to read:

(3) The term ''manufacturer'' means any corporation, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, andinstrumentalities), which manufactures, imports, processes, or distributes under its label any vaccine set forth in the Vaccine Injury Table including any component or ingredient of any such vaccine, except that, for purposes of section 300aa-28 of this title, such term shall include the manufacturer of any other vaccine covered by that section. The term ''manufacture'' means to manufacture, import, process, or distribute a vaccine including any component or ingredient of any such vaccine.

[chance33_98]

Oops - last post was supposed to be to you :)

[ventana]

I think a simple response to the crisis in the medical system is tort reform. Unfortunately, as ridiculous claims have been paid in the past, the pendulum might swing in the opposite direction depriving legitimate claimants their rightful due, nevertheless, the medical profession must not be eviscerated by trial lawyers. But the point being made in relation to this article is that this does not belong in the Homeland Security bill, and, further, Pharmaceutical companies are not at all entirely innocent and should have to bear responsibilty when at fault. V's wife.

[chance33_98]

What does it mean? ;-)

Kevin and Mache Liu are among the parents of some 150 autistic children who have filed suit against the drug industry in the past two years, alleging their children's conditions were caused by Thimerosal, a mercury preservative once included in childhood vaccines designed to prevent measles, mumps and rubella.

It means that the component Thimerosal, and many others, now fall under the already existing law.

[ventana]

BTW, Kozak, most Physicians I know work ungodly hours, make huge sacrifices, are decent and even philanthropic and are entitled to every red cent they get. They are entitled to their nice car, nice house, and nice life, unfortunately, most are so terribly busy they don't have time to enjoy their niceties. Again, tort reform, done correctly is badly needed. V's wife. (I hope Bill Frist, a very honorable guy, will expend energy on that.)