mtc@druco.ATT.COM (Michael Coufal) (07/18/90)
Index Number: 9231 [This is from the sci.med newsgroup] This article is for anyone who have kids that have received or well receive a vaccination. NATIONAL CHILDHOOD VACCINE INJURY COMPENSATION ACT Public Law 99-660 During the last half of 1989 and the first quarter of 1990, the federal vaccine injury compensation system set up under the "National Childhood Vaccine Injury Compensation Act" of 1986 paid $31.5 million for 60 victims injured or killed by vaccines. The awards are the first to be paid under the law which was signed by President Reagan in 1986 after five years of effort by Dissatisfied Parents Together (DPT), the American Academy of Pediatrics, and vaccine manufacturers to create the nation's first federal vaccine injury compensation system. The deadline for filing a claim for individuals killed or injured before October 1, 1988 is September 30, 1990. There is less than four months to file a claim with the U.S. Claims Court. Compensation is paid for injuries or deaths resulting from mandated childhood vaccines including diphtheria, pertussis, tetanus, measles, mumps, rubella and polio. Vaccine injuries may range from minor brain damage to severe and profound mental retardation, including deaf- ness, loss of motor function and seizures. Qualifica- tion is based on medical records and a table of compens- able events built into the law. As of April 5, 263 petitions had been filed with the U.S. Claims Court, which is administering the compen- sation system. Of the 95 cases which have been disposed of by the special masters, half have involved death and half injury. Individual awards have ranged from $156,456 to $4.5 million. Victims or their guardians who file claims, petition the Secretary of the Department of Heath and Human Services (DHHS) for compensation. Because of the complexity of the requirements for filling a petition and gathering and presenting supporting evidence, it is encouraged that petitioners retain a lawyer to help represent their claim. Pediatric neurologists employed by DHHS review the petitions and decide whether they believe the injury or death was caused by a vaccination. If they decide it was not, a recommendation is made to the U.S. Claims Court to deny compensation. Special masters, which are lawyers appointed by the U.S Claims Court, may then hold a hearing in which evidence from the petitioner and evidence from DHHS is considered. The final decision about whether or not to award compen- sation is made by the special master. DHHS has recommended against awarding compensation in approximately two-thirds of the claims which their pedi- atric neurologists have reviewed. In most of these cases, special masters in the U.S. Claims Court have disagreed with DHHS's recommendation against compensation and have awarded compensation anyway. For more information concerning vaccine safety and the compensation system and how it works, contact the National Vaccine Information Center, operated by Dissatisfied Parents Together (DPT), 128 Branch Rd., Vienna, VA 22180 or telephone (703)938-DPT3. The above article is being posted by the request of my wife Gina Coufal, a Dissatisfied Parents Together State Represent- ative for Colorado. We have a child that is severely retarded as a result of a DPT shot. Michael Coufal AT&T Bell Labortories 1190 North Pecos Street Denver, Colorado 80234