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“Protecting the health and
informed consent rights of children since 1982.”
Hearing Notice: Contact: Mark Corallo/ Josie
Duckett
October 30, 2001 (202) 225-5074
Oversight Hearing Planned for The National Vaccine Injury
Compensation Program
Families complain that program has become too adversarial
WHO: House
Government Reform Committee
Dan Burton (R-IN), Chairman
WHAT: Full
Committee Hearing -
“The National Vaccine Injury Compensation Program:
Is It Working as Congress Intended?”
WHEN: Thursday,
November 1, 2001
10:00 a.m.
WHERE: 2154
Rayburn House Office Building
Janet Zuhlke, Satellite Beach, Florida
Harold Sword, Columbus, Ohio
Thad Rogers, Auburn, Alabama
Thomas Balbier, Director, Vaccine Injury Compensation
Program, U.S.
Paul Harris, Sr., Deputy Assistant Attorney General, Civil
Division, U.S.
Department of Justice
Washington D.C. - The House Government Reform Committee
will hold a hearing to review the U.S. Department of Justice’s and the
Department of Health and Human Services’ implementation of the Vaccine Injury
Compensation Program (VICP) on Thursday, November 1, 2001. Congress created the National Vaccine Injury
Compensation Program in 1986 to establish a federally sponsored, no-fault
system of compensating individuals who suffered adverse reactions to vaccines.
The program was intended to be less adversarial than the
tort system and was intended by Congress to fairly compensate those individuals
who are injured or die as a consequence of vaccines. However, the Program has received criticism in recent years as
many families have seen their cases tied up for years in a system that they say
has become too adversarial.
The first panel will include family members of those that
became ill due to vaccinations:
Janet Zuhlke, Satellite Beach, Florida,
In 1990, Janet’s daughter Rachel had a severe reaction
hours after receiving her pre-kindergarten vaccinations. She developed a fever, headaches, vomiting,
and pain in her eyes that caused her to scream. Janet is now mentally retarded and will require care for the rest
of her life. The Zuhlkes filed a
petition for compensation in 1992.
Although the case appeared to fit the injury table, the government spent
several years attempting to demonstrate that Rachel’s condition was caused by a
streptococcal infection. The Zuhlkes
finally prevailed in July 2001, nine years after they filed their claim. They remain months away from actually receiving
compensation.
Harold’s daughter Natalie died four hours after receiving
a vaccination in 1975, before the VICP was created. She went limp in the car on the way home from the doctor’s office
and was unresponsive when they arrived at home. The Swords filed for compensation in September 1990. Eight years later, the special master
overseeing the case overruled the government’s expert witnesses and awarded
compensation to the Swords. Despite the close proximity of the child’s death to
the time of vaccination, the government took the unusual step of appealing the
special master’s decision. That appeal
was rejected, but compensation was further delayed.
Thad’s wife Diane, a pharmacist, became ill the day she
received a routine tetanus booster ten years ago. She has displayed Multiple Sclerosis-type symptoms that doctors
feel is the result of her vaccine. She
is now bedridden and requires constant care.
They filed for compensation in 1994.
After eight years, the Rogers family won their case. However, one month ago, the Rogers were
informed that the Government would appeal the decision.
Federal Health officials who administer the program will
follow on the second panel.
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VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU
ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.