Vaccine Court has paid 3.7 billion in damages to families

Vaccines injure children, and the U.S. government has an entire division set up to compensate families for that injury.

As of March 30, 2018, the Vaccine Injury Compensation Program had paid $106.5 million (THIS YEAR) for 283 claims since the beginning of the 2018 fiscal year. Drugwatch’s legal partners are accepting vaccine injury cases.

Since 1988, over 18,426 petitions have been filed with the VICP. Over that 29-year time period, 16,555 petitions have been adjudicated, with 5,581 of those determined to be compensate-able, while 10,974 were dismissed. Keep in mind the CDC estimates that only about 10% of adverse events are reported. Total compensation paid over the life of the vaccine injury compensation program is approximately $3.7 billion. 1



Vaccine Injury is FAR more frequent than one in million.

The US Dept of HHS and the CDC claims that being injured by a vaccine is one in a million (3,597 compensated claims out of 3.1 billion vaccine doses.) Let’s take a look at that number. The CDC recommends every person receive 72 doses of 16 vaccines (note one MMR shot is considered to be 3 doses, same for DTaP), but let’s use a smaller number and say those that do get vaccinated, only receive 40 of the recommended doses. That comes out to be one in every 20,000 kids is damaged and compensated

(3.1 billion ÷ 40 doses each ÷ 3,597 victims).



But if you take into consideration the CDC also reports only 1% of adverse reactions are actually reported.

Voluntary reporting makes accurate numbers impossible. So with all our computer technology why not automate it? It was. When vaccine injury was covered in automated reporting there was 100 fold increase in identified reactions

What is the Vaccine Court ?

The government does have a vaccine court and fund that serve to compensate people who can show strong evidence that their child’s injury, disability, or death is linked to vaccinations.

Here’s an explanation of the vaccine court from Generation Rescue:

The United States federal court has presided over landmark cases for the autism community, filing official court decisions that have linked vaccinations as an environmental trigger of autism. The court in which all of these decisions are rendered is the Office of Special Masters of the United States Courts of Federal Claims, otherwise known as “Vaccine Court.” The U.S. government created this specific court in 1986 to protect pharmaceutical companies from the direct lawsuits that were arising due to the preponderance of illnesses and injuries that were stemming from the company’s vaccination products. By establishing the Vaccine Court, the government now protects the pharmaceutical industry by trying the cases and awarding damages from a federal excise tax added to the cost of each dosage of a vaccine. In the “Vaccine Court,” the burden of proof lays squarely on the claimant. In other words, a family must show a clear causal connection between a vaccination and its adverse effects. For the autism community, this standard is made more challenging because the “Vaccine Court” does not accept “autism” as a legal determination. This is because autism is a clinical diagnosis, labeled on the basis of a collection of clinical features and created by causes that are still unknown. But the autism community has still persevered, and compelled the court to acknowledge the link between their children’s autism diagnoses and vaccinations’ environmental triggers.

Here’s how that system works.





TAX PAYERS PAY FOR ALL DAMAGES! Pharmaceutical companies are not required to participate.

The CDC and FDA co-sponsor a national vaccine safety surveillance program called Vaccine Adverse Event Reporting System (VAERS). It serves to collect information about adverse events (possible side effects) that occur after the administration of vaccines licensed for use in the United States. People can report reactions that may be related to vaccinations there, and the data is open and available for anyone to access.

If a case makes it to vaccine court and an award is granted to a family, the money comes from the National Vaccine Injury Compensation Program:

Since the first National Vaccine Injury Compensation (VICP) claims were filed in 1989, 3,887 compensation awards have been made. More than $3.0 billion in compensation awards has been paid to petitioners and more than $120.4 million has been paid to cover attorneys’ fees and other legal costs. To date, 9,860 claims have been dismissed. Of those, 4,912 claimants were paid more than $64.8 million to cover attorneys’ fees and other legal costs.

California’s new mandated vaccines for school eliminates the opportunity for vaccine damaged and wheelchair bound Otto Coleman to attend school. His parents refuse to allow any more vaccinations as they don’t want to risk further damage for their child.

For those who are still skeptical that such a thing exists…

The following are cases in which the families of children who suffered from vaccine-related injuries (and in one case, unfortunately, death) were awarded compensation by the vaccine court.

Click on each child’s name to view the actual court documents.

Richelle Oxley: DPT shot reaction: post-pertussis vaccine encephalopathy

“…no evidence to overcome the strong probability that the DPT was the most likely cause. Richelle’s disabilities include autistic-like behavior, hyperactivity, and partially controlled seizures. The court finds further that all other statutory requirements have been met, and concludes that petitioners are entitled to compensation for injuries sustained as a result of the DPT vaccine administered on July 30, 1979.”

Hannah Poling: MMR vaccine

“Court ruled in favor of compensation due to the significant aggravation of child’s pre-existing mitochondrial disorder based on an MMR vaccine Table presumptive injury of encephalopathy, which eventually manifested as chronic encephalopathy with features of autism spectrum disorder and a complex partial seizure disorder as a sequelae.”

Eric Lassiter: DPT vaccine

Eric was completely healthy prior to a DPT booster. His is a “known case of static encephalopathy after DPT immunization.” Based on the court’s own findings of fact and the reasons proffered by Dr. Lichtenfeld, the court concludes that Eric, more likely than not, sustained an encephalopathy and that the first manifestation of onset of the injury occurred within the Table time frame.

*The possibility of autism was discussed in depth during Eric’s court proceedings, but a conclusion was never made. One doctor believed the child had autism…but not as a result of the DTP vaccine.

Bailey Banks: MMR vaccine

“The Court found, supra, that Bailey’s ADEM was both caused-in-fact and proximately caused by his vaccination. It is well-understood that the vaccination at issue can cause ADEM, and the Court found, based upon a full reading and hearing of the pertinent facts in this case, that it did actually cause the ADEM. Furthermore, Bailey’s ADEM was severe enough to cause lasting, residual damage, and retarded his developmental progress, which fits under the generalized heading of Pervasive Developmental Delay, or PDD. The Court found that Bailey would not have suffered this delay but for the administration of the MMR vaccine, and that this chain of causation was not too remote, but was rather a proximate sequence of cause and effect leading inexorably from vaccination to Pervasive Developmental Delay.” Acute Disseminated Encephalomyelitis (“ADEM”) is “an acute or subacute encephalomyelitis or infiltration and 3 demyelination; it occurs most commonly following an acute viral infection, especially measles, but may occur without a recognizable antecedent….It is believed to be a manifestation of an autoimmune attack on the myelin of the central nervous system. Clinical manifestations include fever, headache, vomiting, and drowsiness progressing to lethargy and coma; tremor, seizures, and paralysis may also occur; mortality ranges from 5 to 20 per cent; many survivors have residual neurological deficits.” Pervasive Developmental Disorder, Not Otherwise Specified (PDD-NOS) is a ‘subthreshold’ condition in which some – but not all – features of autism or another explicitly identified Pervasive Developmental Disorder are identified. PDD-NOS; also referred to as “atypical personality development,” “atypical PDD,” or “atypical autism”, is included in DSM-IV to encompass cases where there is marked impairment of social interaction, communication, and/or stereotyped behavior patterns or interest, but when full features for autism or another explicitly defined PDD are not met. As a preliminary matter, even though Respondent conceded during briefing that Bailey suffers from PDD, Respondent’s expert, Dr. MacDonald characterized Bailey’s condition as autism; however, he at one point conflated the two as of one or of like kind. Tr. at 84-86. Despite his comments to that effect, the Court is inclined to view Bailey’s condition as accurately as the medical records will allow; that is, to find that Bailey more likely than not suffers from PDD, and not from autism.

Elias Tembenis: Death after DTaP vaccination. This little boy had seizures after receiving a DTaP shot…but was still given boosters and other vaccines. In 2002, doctors noted that Elias had features of Pervasive Developmental Disorder (“PDD”), which is an autism spectrum disorder. He died in 2007, at age 7. The immediate cause of death was multisystem organ failure, which was a consequence of cardiac arrest…which was a consequence of Elias’s seizure disorder.

“Petitioners have satisfied the legal requirements for proving that Elias’s December 26, 2000 DTaP vaccination was a legal cause of his epilepsy and death. Respondent has not overcome Petitioners’ evidence by proving an alternative cause. Therefore, I find that Petitioners have established entitlement to compensation under the Vaccine Act.”

Ryan Mojabi: MMR vaccine

Saeid and Parivash Mojabi of San Jose, California had their infant son vaccinated with the measles-mumps-rubella (MMR), among other vaccinations, between 2003 and 2005. Shortly after the MMR vaccinations, their son developed Autism Spectrum Disorder, asthma, and an encephalopathy, which refers to a syndrome of brain dysfunction. The case is ‘unpublished,’ meaning there is little information available to the public. The U.S. Department of Health and Human Services conceded that the MMR vaccination caused the boy’s encephalopathy. There is no documentation stating the government recognized that the encephalopathy directly led to his autism. The Mojabi’s were awarded a lump sum of more than $980,0000, and another lump sum, several million dollars more, will be invested in annuities on his behalf to cover annual costs for the rest of his life. (source)

From the same law firm that represented Ryan Mojabi:

A similar case involving a young girl reports an eerily similar timeline. The girl’s mother, Jillian Moller, filed her claim in 2003, alleging that her daughter was severely injured by the vaccines she received at 15 months old. Almost immediately, the girl developed high fevers, seizure episodes, and a similar measles-type rash. She started staring blankly, having shaking episodes, and was diagnosed with encephalopathy characterized by speech and developmental delay. She was also ultimately diagnosed with Autism Spectrum Disorder. More than seven years after filing her claim, the government agreed to settle, and made an offer upwards of $1.1 million. Another $9 million will be granted for annual expenses throughout her life. The Department of Health and Human Services did not officially admit that the vaccines caused her encephalopathy or autism.

Notice that in several of those court cases, terms like “autistic-like,” “features of autism,” “PDD or atypical autism,” and “autistic disorders” are used.

Here’s a recent case from outside of the US.

Valentino Bocca: MMR vaccine (Italy)

Valentino was never the same child after the jab in his arm. He developed autism and, in a landmark judgment, a judge has ruled that his devastating disability was provoked by the inoculation against measles, mumps and rubella (MMR). Judge Lucio Ardigo, awarding compensation to the family, agreed. He said it was ‘conclusively established’ that Valentino had suffered from an ‘autistic disorder associated with medium cognitive delay’ and his illness, as Dr Barboni stated, was linked to receiving the jab.

Skeptics will say that none of these cases proves there is a link between vaccinations and autism.

Maybe they don’t prove anything. Maybe the definition of “autism” is too broad and confusing (after all, the diagnostic criteria specified by the American Psychiatric Association has changed several times). There isn’t a blood test – or any medical test – that can be used to detect autism spectrum disorders. Diagnosis is challenging.

But it is hard to discount the increasing number of heartbreaking tales of drastic changes (or death) in once-healthy children shortly after receiving vaccinations.

Dr. Jane Orient, the executive director of the Association of American Physicians and Surgeons (AAPS), said that she believes the science behind vaccination risks is far from settled and that hundreds of parents have reported that their children have had severe deficits after an inoculation.

“We have a lot of observations that are not otherwise explainable,” said Dr. Orient, an internist. “I don’t think we can dismiss it out of hand.”

The AAPS has called for an end to government-mandated vaccinations in the past:

“Our children face the possibility of death or serious long-term adverse effects from mandated vaccines that aren’t necessary or that have very limited benefits,” said Dr. Orient. “This is not a vote against vaccines. This resolution only attempts to halt blanket vaccine mandates by government agencies and school districts that give no consideration for the rights of the parents or the individual medical condition of the child.” “It’s obscene to threaten to seize a child just because his parents refuse medical treatment that is obviously unnecessary and perhaps even dangerous,” said Dr. Orient. “AAPS believes that parents, with the advice of their doctors, should make decisions about their children’s medical care — not government bureaucrats.”

You won’t hear about most of this via the mainstream media. Could that be because vaccine manufacturers like Merck give money to some news organizations? (One example: Merck sponsors CNN.)

Perhaps parents are a more reliable source of information. After all, don’t parents know their children better than anyone else?

If you or a loved one suffers a v@ccine injury, you can report that injury to the V@ccine Adverse Event Reporting System at https://vaers.hhs.gov (I don’t imagine that anyone will be as happy as the people in this photo about having to file an injury claim.)

You can also seek financial compensation from the federal v@ccine court – the chances are slim, but still a possibility. Here is the site on how to file a claim: https://www.hrsa.gov/vaccinecompensati…/howtofile/index.html

RESOURCES:

1 https://www.hrsa.gov/vaccinecompensation/data/index.html