WASHINGTON, Nov. 30 /PRNewswire/ -- An ongoing mess for families of those injured by vaccines was finally uncovered yesterday in a two-part LA Times article about the National Vaccine Injury Compensation Program (NVICP). In 1985, legislation that created the program, which was to offer “quick” and “non-adversarial” compensation for vaccine-injured children, is now a safe-haven for big pharma. For three years, members of the National Autism Association (NAA) and other advocacy groups have addressed this issue in Washington, DC, after speaking with families whose children were left abandoned by the failed program.
The article shared stories of permanently-disabled children denied compensation for years, some even past the point of their own death. The Department of Justice (DOJ), which acts as the legal defense for NVICP or “vaccine court,” was also suggested to have used bullying tactics with expert witnesses who side for the plaintiff.
A recent boost in DOJ funds to fight family cases went unmentioned in the article. Several weeks ago, legislation that awarded the DOJ $2.3 million in additional dollars to fight cases, passed in the House and Senate. For the year 2005 alone, the DOJ now has a total of $6.3 million dollars to fight cases involving injured, sometimes deceased, children.
“It’s hard to believe that an already-failed program is still providing protection to those who need it the least,” says Rita Shreffler, parent of two in Nixa, MO. “These cases are being dismissed, lingering for years, and appealed by the DOJ’s own attorneys after Special Master rulings. Now they have even more money to fight innocent families left with suffering, sometimes dying, children and no resources to care for them.”
Two U.S. Senators have fought for even more industry protection. Bill Frist (R-TN) and Judd Gregg (R-NH) have introduced legislative language numerous times that enables more restrictions against families seeking fair compensation. Several bills, including a mysterious rider attached to the Homeland Security Bill in November 2002, actually blocked cases altogether.
“When a parent takes their child to get immunized, they’re given a sheet that states they will be compensated for care if the child is injured,” says parent Wendy Fournier of Portsmouth, RI. “It’s a big comfort, almost like a guarantee that the shot is safe. But more and more people are realizing the sheet is a lie -- they’re likely to go without a dime if their child is damaged. Meanwhile, Senator Frist accuses these same devastated families of filing frivolous lawsuits,” she says.
Those familiar with the NVICP say vaccine-injured children’s rights must be protected by the “opt-out” clause enabling the exit into civil court at any time. This includes those who have passed the program’s three-year deadline. Frist and Gregg have continuously taken this important provision out of their versions of the bill. Parent Laura Bono of Durham, NC, says deleting this crucial guarantee would have dire consequences for families. “Because the NVICP has failed its original intent as a no-fault alternative to civil court, families must have the option to pursue traditional litigation through the court system once the NVICP’s requirements have been met,” says Bono, adding that “The ‘opt-out’ protects the civil rights of the injured children while providing needed incentives for vaccine makers to produce the safest vaccines possible.”
To view the articles, visit http://www.latimes.com/ .
Contact:
Lori McIlwain, 919-468-6455 lori@nationalautism.orghttp://www.nationalautism.org/
Laura Bono, 919-423-3749 laura@nationalautism.orghttp://www.nationalautism.org/
National Autism Association
CONTACT: Lori McIlwain, +1-919-468-6455, or lori@nationalautism.org , orLaura Bono, +1-919-423-3749, or laura@nationalautism.org , both of NationalAutism Association
Web site: http://www.nationalautism.org/