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EXCLUSIVE:
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Spring Break Hits
the Big Screen |
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WASHINGTON April 9
—
A Senate committee Wednesday abruptly dropped plans
to move legislation overhauling a program to compensate
children injured by vaccines, raising questions about
whether a bipartisan deal was unraveling.
The legislation would nullify hundreds of lawsuits
claiming injury and send them to a special fund
established to handle these sort of claims.
The meeting was canceled just moments after aides
announced a compromise had been reached on the measure.
Senate aides gave conflicting explanations: GOP aides
said there were not enough members present to conduct
business, but Democrats suspected it had more to do with
objections to a compromise lodged by two of the four
major manufacturers of vaccines.
Sen. Christopher Dodd, D-Conn., who led negotiations
for Democrats, said he was disappointed.
"We have worked very hard to work out a compromise to
the satisfaction of almost everyone here," Dodd said.
Under the legislation, more than 200 lawsuits filed
by families who believe their children were injured by
vaccines would be sent instead to a special federal
fund.
Senators led by Frist say these cases always were
intended for the Vaccine Injury Compensation Program,
and Democrats generally agree.
The issue became contentious late last year when
Republicans quietly slipped the change at the last
minute into homeland security legislation. Under
pressure, lawmakers undid the move in subsequent
legislation, but vowed to try again this year using
standard legislative procedures.
Childhood vaccines are safe for almost all children,
but a small number are injured each year. Under current
law, injured families must file claims first with the
compensation fund, where cases are independently
evaluated, before going to court. Average awards are
just under $1 million.
If someone's claim is denied, or if the monetary
award is considered unsatisfactory, a lawsuit may be
filed in federal or state courts.
Some families have found a way to skip the
compensation fund and go directly to court by claiming
their children were harmed by a vaccine's ingredients,
rather than by the vaccine itself.
Specifically, many contend their children's autism is
caused by a preservative called thimerosal, which
contains mercury and once was used in the
measles-mumps-rubella vaccine.
The Institute of Medicine, which gives expert advice
to Congress, reviewed the issue and said in 2001 it
found no proof that autism is caused by the MMR vaccine
or by thimerosal. The report did say a link between
thimerosal and an increased risk of neurodevelopmental
disorders is medically plausible.
In any case, Frist, a physician, argues that these
cases should have gone through the compensation fund
first, like other vaccine-related claims.
The bill also improves the fund for families filing
claims in several ways. It would increase maximum
amounts available for pain and suffering from $250,000
to $350,000, increase the statute of limitations for
filing claims from three years to six years after the
onset of the injury and, for the first time, allow
parents to file independent claims based on their
children's suffering.
Under the deal reached late Tuesday with Dodd,
Republicans agreed to give families a one-year window to
enter the fund, even if they are outside the new,
six-year deadline for filing claims. That includes those
with court claims pending and those who never filed a
case with a court or the fund.
A Democratic aide, who asked not to be identified,
said that Merck and Wyeth, two of the four major vaccine
manufacturers, opposed the compromise as being too
generous to families. They wanted a stricter statute of
limitations.
The aide added that lobbyists for vaccine
manufacturer Aventis and pharmaceutical giant Eli Lilly
supported the compromise. Lilly is the manufacturer of
thimerosal and is facing several lawsuits that would be
moved to the fund under this bill.
On the Net:
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