OF COMPENSATION BILL FROM BIOTERRORISM LEGISLATION
March 19, 2003 - Washington, D.C. - Parents of vaccine injured children, many
of whom believe their children developed autism after being exposed to mercury
preservatives in childhood vaccines, rallied in the nation's Capitol today and
heard welcome news: Senate leader Bill Frist (R-TN) agreed this morning to
remove controversial language reforming the federal Vaccine Injury Compensation
Program (VICP) from Senate Bill 15 that addressed bioterrorism and smallpox
vaccine compensation.
Parent groups had been working for more than a week
to convince members of the Senate Health, Education, Labor and Pensions
Committee that more time was needed to find a way to fix the 15-year old
compensation program that was created under the National Childhood Vaccine
Injury Act of 1986.
" We congratulate Senator Frist for separating out the pediatric vaccine
injury compensation program from Senate Bill 15 which addresses bioterrorism. It
gives more time to work on viable long term solutions," said Barbara Loe Fisher,
Co-founder and President, National Vaccine Information Center (NVIC). "The
National Vaccine Information Center, along with our coalition, Americans for
Vaccine Safety and Accountability, look forward to working with Senator Frist
and all the Senators and Representatives who care about vaccine injured children
to make reform of the Vaccine Injury Compensation Program something parents can
have faith in. True reform means opening the door to every vaccine injured child
and leaving no child out because every child is deserving of compassion."
At the Capitol Hill rally, which was organized by Autism Autoimmunity
Project, parents held up posters with pictures of their vaccine injured children
and messages protesting language in Senate Bill 15 that would have cut off
children injured before 1997 from accessing the federal compensation program or
the civil justice system. At a press conference after the rally, Congressman Dan
Burton (R-IN) introduced a bill to reform the VICP which included a one-time
look back provision that would allow children injured before 1997 to access the
compensation program. Burton expressed hope that language from his bill would be
incorporated in the Frist bill.
The National Childhood Vaccine Injury Act was passed by Congress in 1986
after vaccine manufacturers threatened to stop producing vaccines unless they
were protected from vaccine injury lawsuits. Parents protested that it was not
fair to abandon children hurt by government recommended vaccines. The 1986 law
provided for a surcharge on vaccines that created a fund to pay for vaccine
injuries. In the past 15 years, there have been more than 8,000 claims for
vaccine injury filed but only 1794 awards being given for more than $1.4
billion. There is nearly $2 billion in the compensation trust-fund.
"Back in the 1980's, parents were told the compensation program would be a
no-fault, less traumatic, more efficient and fairer alternative to bringing a
lawsuit against the vaccine manufacturers or doctors," said Fisher. "We believed
what we were told back then. We believed the system would work. But we were
wrong. Over the past 15 years we have seen an erosion of public trust in the
compensation program because it has broken down and become everything we were
told it would not be."
Parents have criticized the Department of Health and Human Service and
Department of Justice for fighting too many vaccine injury claims, which has
resulted in two out of three vaccine victims being turned away without
compensation for their injuries. Parents whose children have been awarded
compensation have testified at congressional hearings that going through the
system is like being subjected to a court trial without a jury and that it takes
years to finally receive financial support.
Families are encouraged to continue to communicate with their members of
Congress. On Thursday, March 27 Congressman Burton will hold a hearing on the
vaccine injury compensation program at 1 p.m. in Room 2247 of Rayburn House
Office Building.
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-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
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