Common Questions on Vaccine Injury

Despite precautions and testing, some children and adults suffer lifelong medical problems, or have died, as a result of being vaccinated.

In 1986, the National Vaccine Injury Compensation Program (VICP) was developed to safeguard vaccine supply (manufacturers) and to compensate those who have developed injuries from vaccination.[*]

So far this year (2013), the amount paid out by the Vaccine Injury Compensation Trust Fund is 224 million dollars.[*]

Because vaccine injuries, disabilities and deaths are real, it is critically important that you take the time needed to gather information and make a confident, educated decision.

Below are some common questions regarding vaccine injury and compensation:

What type of injuries are compensated by the VICP?

To qualify for a claim, the injury must result in at least one out of the four following damages:

-Last for more than six months (post vaccination)

-Resulted in a hospital stay

-Resulted surgery

-Resulted in death

 

I would suggest checking out this Vaccine Injury Table which lists conditions that are presumed to be caused by vaccines. It also lists time cut-offs which will help determine if the injury is causal.

These conditions are otherwise known as ‘table injuries’ which are known, compensated injuries due to adverse reactions from vaccination.

It is important to note that compensation has been made for many vaccine-related injuries that are not listed on the injury table.

If your injury is not on the Table or if it did not occur within the time period listed, then you are simply required to prove that the vaccine caused the condition. Such proof is based on medical records or opinion, which may include expert witness testimony.

 

Who files the claim?

If you believe you have a claim, you should file a report (VAERS) and contact a lawyer.  The National Vaccine Information Center maintains a list of attorneys who deal specifically with VICP claims.  You can find their list of attorneys here on the NVIC website.

You do not need to be a doctor or a citizen of the US to file a claim.

 

Are all vaccines covered by the VICP?

Although most vaccines recommended for children are covered, not all are eligible for compensation.

Check out this list of the which vaccines are covered on the VICP website.

How long do I have to file a claim?

Depending on the adverse event that took place, the amount of time you have to file a claim changes.

For example, if the vaccine injury results in death – you have 2 years to file a claim.

If you (or your child) is injured in any other way other than death, you have 3 years from the onset of the first symptom.

Click here to read more about the deadlines regarding vaccine-injury claims.

 

Is autism considered a vaccine-related adverse event?

No and yes.

The official statement provided by Health and Human Services asserts that:

“HHS has never concluded in any case that autism was caused by vaccination”

That’s all fine-and -dandy, however, numerous cases that have been rewarded on the ground of vaccine-induced encephalopathy (brain disease) has associated autism spectrum disorder.

Two compensated examples from this year alone:

10 yr old Ryan Mojabi  was awarded compensation from neuroimmunologically mediated dysfunctions in the form of asthma and ASD[*]

15 month old Emily Moller was awarded compensation on the ground of her injury listed as “encephalopathy characterized by speech delay and probable global developmental delay” (seizure disorder and PDD-NOS, a form of ASD). [*] 

 

More damning to the case against the HHS state is an article published in 2011 from the Pace Environment Law Review (PELR), where it was found that at least 83 cases of vaccine injuries compensated by the Department of Health and Human Services (HHS) involve acknowledged brain damage that included autism.

In 47% of the cases reviewed (39 out of the 83), there is confirmation of autism or autism spectrum disorder beyond parental report.[*]

The published review illustrates that the VICP has been compensating cases of vaccine-induced brain damage associated with autism for more than twenty years. 

How much is awarded and how long will it take?

It takes on average 2-3 years to work through the process.[*]

There is no limitation on the amount of an award in a vaccine-related injury; however, the law does contain certain restrictions. For example, the compensation for vaccine-related death is limited to $250,000.[*]

Awards range from $80,000 to $5.9 million – with the average amount awarded to individuals with an injury at approximately $800,000.00.[*]

Where does the money come from?

Since 1988, when the National Childhood Vaccine injury Act was enacted, a “no-fault” system was created to compensate the individuals that have been harmed by the administration of a vaccine.

The manufacturer does not at any time pay for any injuries caused by their vaccines unless the injured person rejects their awarded claim (money) by the court and decides to sue a manufacturer (I am unaware of any documented case of this happening since 1988).[*]

All money awarded is paid from the Vaccine Injury Compensation Trust Fund which is funded from a tax of $0.75 on every dose of vaccine that is purchased (via your insurance premiums or direct purchase of vaccines).[*]

The Department of Treasury collects the taxes and manages the Fund’s investments.  Below are some documents you can review to learn more about how the money has been allocated and how much has been spent.

 

Vaccine Injury Compensation Trust Fund Monthly Reports

 

HRSA – Statistic Reports

 

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Vaccines carry with them risk of sickness, injury and death. To bring attention to that fact and the growing crisis of the injured, October is designated Vaccine Injury Awareness Month.

How can we help those who have been injured?

One of the ways we can assist these families is by spreading the word that vaccine injuries are real and they are more common than we are led to believe.

If you are on facebook or twitter, please use the image below as your profile image for the month of October. Please spread the word amongst your own networks.

Bring the issue of vaccine injuries out into the public’s eye!

 

 

 

More information can be found at the VICP website which is maintained by the U.S. Department of Health and Human Services and the Health Resources and Services Administration.