- The Vaccine Court in Washington, DC was set up in 1988 following a series of unjustified lawsuits threatening to eradicate the national delivery of diphtheria, pertussis, tetanus (DPT) vaccines.
- The court is a no-fault system in which injured people
- 75% tax on every child's vaccine and flu in the US pays for the program.
- But it is extremely difficult to prove that vaccines cause harm. The most successful sentences in the vaccine container are awarded for poor needle punches that lead to shoulder injuries.
- More than 80% of court cases on vaccines are settled without making any scientific conclusions about the cause of the disability.
Just two minutes' walk from the front door of the White House, at the eastern end of the Lafayette Shepherd Square, is located in the Howard T. Marki National Court building, a 9-story red brick structure with dark, narrow windows. Inside, federal judges monitor a mix of cases and complaints about patent litigation, veteran benefits, oil spills, private claims against the government, and many others.
Eight of these judges belong to the Special Masters Service, a small part of the much larger court of federal claims. For more than two decades, these legal minds have applied a thorough understanding of medical science ̵
This is a vaccination court whose employees decide on cases brought by individuals claiming that the vaccines have injured them or their children. The Tribunal administers the National Vaccine Compensation Compensation Program, which Congress established in 1986 and funded with a 75% tax on every child vaccine sold in America. Since its inception in 1988, the program has allocated over $ 4 billion in damages.
Every year, the court's special teachers, who are appointed by the President and approved by the US Senate, receive about 500 petitions for cash benefits. Like a lawsuit, every petition is a legal accusation by someone who claims to have been injured by a stab in the arm or a thigh. For each of them, special teachers have to answer a difficult but legally easy question: whether the applicant was injured by a vaccine?
"This is a non-fault-free compensation program designed to encourage vaccination, encourage vaccine manufacturers to continue to vaccinate and compensate for the small but significant number of people who have suffered from the vaccine they receive," said the ex-chief of the vaccine. court chief specialist Dennis Voell, explained in a video from 2015.
This does not mean that vaccines are inherently dangerous. More than 80% of the receivables that the court receives are settled without the conclusion that the vaccine is at all harmful. But the existence of the court, as well as the history behind its creation, illustrate the complex realities of modern medicine – and the consequences, both positive and negative, of its efforts to eradicate the disease.
Expensive litigation laid the foundations of the vaccine container
"Kevin Toner, then a three-month-old baby, was vaccinated with Tri-Immunol" – a DPT vaccine, as terminated in the US – "and suffered a rare state of the spine known as transverse myelitis, the cause of which is unknown," court documents state. – As a result of suffering Kevin is constantly paralyzed from the waist down.
Family attorney Kenneth Pedersen remembers that as a young attorney at the beginning of his thirties, winning the case helped him to start his own legal career. "The argument was that the vaccine could be safer," he told Business Insider. "It was a scary proposition, which involved a huge drug company, and we had to prove that it was so bad."
A jury of six iDhana sentences of $ 1.3 million in their case against Lederle Laboratories vaccine manufacturers. Toner later graduated from college and settled in Salt Lake City with his wife and children. He is currently working for a large bank.
Toner's verdict arrived against a background of a national SDT shots security debate. Shortly before the family's case sprang through the judicial system, a documentary called Vaccine Roulette was broadcast on NBC that scares parents across the country for the dangers of the vaccine.
The American Academy of Pediatrics condemned NBC, saying "the complete lack of balance of the scientific fact [caused] to extreme grief and possibly irreparable damage to the health and well-being of the children of the nation."
However, the number of court cases for DRR injuries sharply jumped, from one case since 1978 to 73 lawsuits in 1984. The cases have also become more expensive. As Dr Alan Hinman, in an article by JAMA Pediatrics in 1986, noted, "the average amount that is claimed to have been individually increased from $ 10 million to $ 46.5 million."
Pedersen believes it will become much more difficult to gain torture cases like toner when the scientific literature begins to work out about the safety of the vaccine. "The medical literature turned to us," he said.
A comprehensive review of the safety of the DPT shot, published in 1991, states that shots do not cause autism or other dangerous and chronic illnesses such as a disorder of the attention or juvenile diabetes, the study identified several notable exceptions in which children develop allergies or inflammation, while another study documents several cases in which children are diagnosed with neurological disorder after sex preparation of a blow with pertussis. But such cases are extremely rare and it is very difficult to prove that the shot is the culprit. These anomalies are best understood in the wider context of vaccine safety. Most vaccines work as promised and do not cause serious or permanent side effects. As stated in the 1991 report, "to clean water, no interference has had such a profound impact on the reduction of childhood mortality and the widespread introduction of vaccines."
However, the financial consequences of DPT's cases in the 1970s and 1980s caused a national shortage of vaccines and threatened to shut down DPT vaccines at all. Not long after, doctors, public health experts and pharmaceutical companies began lobbying the federal government to do something about rising litigation costs.
Jonas Solk, who invented the first vaccine against polio, was one of the experts who testified to lawmakers. Before his vaccine spread in 1955, polio causes more than 15,000 cases of paralysis in the United States each year.
"The live vaccine against polio virus, which is now in common use, causes more than two cases of annual vaccine-related parasite," Solk told lawmakers. "Such cases occur up to 6 to 10 cases per year." He encouraged vaccine makers to focus on the use of more than the killed vaccine against polio virus that does not cause paralysis.
"In the case of vaccine-related injuries, it is clear that it would be much more desirable to avoid them," Solk said. "If compensation is needed, it seems to me that the legislation you propose would be desirable."
Two years later, the Parliament passed the Children's Vaccine Act for Children's Vaccine Act of 1986. Edward Kennedy's week wrapped up his provisions in a bigger health bill that is already passing through the upper hall. In November, President Ronald Reagan signed the bill in law, despite his "mixed feelings" and "reservations" about how the plan can compensate people who do not have to prove any abuses by vaccine manufacturers.
This has made the work of protecting lawyers like Pederson much easier. "They got rid of the cause-and-effect relationship, and you did not have to prove guilty," he said. "Generally, I think many people have received compensation that they would not … Congress has said," Let's not go to court, let's take care of these children. "
Today, special teachers hear complaints of alleged injuries. the most common childhood vaccines, and flu. "It absorbs the contradictions of vaccine impairment and prevents them from turning into lawsuits that could result in large prizes for jury damages that could jeopardize production and availability of vaccines, "legal expert Anna Kirklan , author of the "Vaccine Court: Law and Injury Policy," told Business Insider in an e-mail
The Vaccine Court exists in part to deal with the fact that research and lawsuits are moving at different speeds. that the pace of science and publishing is often slower than the pace of litigation, "Kirkland said." Some of these claims could turn into mass class action lawsuits that could force manufacturers to leave the market of vaccines. "
Our legal research when they did not show a link between vaccines and autism. But it takes a long time to collect and analyze the amount of data these studies require. The latest study, which refuted the vaccine-autism link published in Annals of Internal Medicine in early March, is based on the medical history of more than 650,000 Danish children collected over a 14-year period.
At the same time, scientific authorities can be used by bad actors. The first reviewed article, which shows a link between vaccines and autism published by The Lancet Medical Journal in 1998, was a deceptive study whose main author reveals the basics.
But by 2010, The Lancet completely withdrew the newspaper after journalist Brian Deer published a long conversation. During the twelve years, the study sent vaccination levels to the United States and the UK and provided a bold ground for vaccine-related conspiracy theories. This dynamics sometimes extends to the vaccination vessel itself. Anti-vaccine groups say its very existence shows that vaccines are dangerous and have offered $ 4 billion in court payments as evidence of widespread harm – although most of the money is spent in settlements where the court does not has determined the exact cause of the plaintiff's harm. The relative ambiguity of the court and the understandable difficulty in analyzing the robust legal and medical jargon of its procedures are likely to contribute to the inaccurate belief that the federal government considers vaccines to be a major risk. Reporting on vaccine news has not always helped. In 1994, the Constitution of Atlanta, the New York Times and the Associated Press reported that Miss America was deaf due to a poor reaction to a DTT shot. Time took more than a week to adjust the record, pointing out that Heather Whitstone's party is deaf to the case of meningitis, something (ironically) that we now have a vaccine for.
Vaccines are not the most profitable things that manufacturers of medicines can produce: estimates show that they can cost from 135 to $ 500 million to develop a vaccine takes months (in the case of an annual influenza vaccine) over a decade to refine a vaccine formula. When it's over, most vaccines only apply once or twice, providing lifetime protection against debilitating and lethal diseases at a typical price of about $ 30 per dose (no insurance).
No vaccination can be deadly. It can also be expensive. An unvaccinated six-year-old in Oregon recently received tetanus when she was cut off while playing on a farm and had to be transported to the hospital. His final medical estimate is nearly $ 1 million. Tetanus vaccines, on the other hand, typically cost less than $ 30 (without any insurance) and have been in existence for nearly 100 years. Vaccines are designed to put our bodies on our guard, causing immune responses to weakened and deadly versions of the diseases against which they are being protected. However, in extremely rare cases, people may develop allergic reactions or autoimmune responses to dangerous vaccines. Guillain-Barré's syndrome is a rare, but temporary, condition that causes the immune system to attack the nervous system, resulting in something from mild to life-threatening paralysis. In rare cases, flu can increase the risk of developing GBS, which increases the chances of a person developing the syndrome by 1 in 100,000. One such case is Wilma Gundy of Colorado. She told Congress that she had been vaccinated for swine flu on November 26, 1976. "Three weeks later," she said in her testimony, "my legs, legs, arms, hands, and left side of my rifle and tongue began to inspire." I felt as if I had been injected with Novocain. felt so exhausted and weak
So far this month, the court decided five different Gillen-Barre cases, all linked to the influenza vaccine, one was rejected because of insufficient evidence and the other four received one-time payments ranging from $ 150,150.58 to $ 255,829.99 The highest prize that you have has ever given up for any kind of pain and suffering, including death, is $ 250,000, but that does not include costs and lost revenue, which means that the highest total amount to compensate for the vaccine she has ever given amounts to 9.1
The most common reason why people go to the vaccine court: because someone has pierced them in the wrong way
More dubious claims arise from concerns that vaccines cause autism – which, to be clear, is fake – or the result of people who have been injured by something other than a vaccine that wants to get money.
"These are difficult cases you are dealing with, because you deal with people who almost certainly have suffered almost 100% of the time, the question is exactly what caused this harm," Wowell said.
Recently the court began to deal with some of the most unpleasant complaints. Take, for example, autism. Last year, in a ruling rejecting an autism petition originally filed in 2002, Specialist Brian Corcoran argued that "it is no longer prudent for lawyers in the program to bring such claims." If they do so, they certainly do not have to expect compensation for work done on them. "" This question requires almost fifteen years to decide, "Corcoran explained. "At this time, no claims have been made that autism such as vaccine damage is out of the table." There is no shocking and unexpected result of scientific research that confirms what is currently understood about the lack of association between vaccines and autism, nor един от тях бъдеще. "
Къркланд казва, че съдът за ваксиниране продължава да заема жизненоважна роля: да осигури на хората и на производителите на ваксини допълнителен слой сигурност в една скъпа и опасно скъпа система на здравеопазване.
"Иначе правим толкова малко за хората с увреждания и тези, които нямат предпазна мрежа за наранявания и разходи за здравеопазване", каза Къркланд. Тя смята, че съдът за ваксини няма да е необходим, ако САЩ имат по-добра система на здравеопазване, защото хората с увреждания и нараняванията просто ще получат грижата, от която се нуждаят, независимо от причината за нараняванията.
"Плащанията на съдилищата за ваксини," каза тя, "са необичайна точка на щедрост в иначе много притиснатата и жестока система."