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Jo Womack’s comments on the Compensation Act:
This is very important. I know people are tired of me talking about this, but I
have to say it over again for those who are new or haven't heard it before.
My son, Devan, had an hour and 10 minute seizure 16 hours after his 2nd
DTP. I remembered reading the pamphlet in the pediatrician's office that
specifically noted that 'long lasting seizures with or without fever' are a
serious reaction to the DTP. I never in my life thought about the run around I have gotten. The seizure left him brain damaged, mentally retarded,
all kinds of physical delays, speech delays, etc.. It never occurred to me
anyone would doubt it.
It was explained I needed to simply file a claim and be compensated. Oh, my
gosh! It wasn't a simple claim, it was a lawsuit. The compensation program
people told me that I could file the paperwork if I wanted to, but there was so
much of it in that legal mumbo jumbo that I would probably want to retain an
attorney and besides they paid for it anyway. Ok. I didn't want them to think I
was an ambulance chaser kind of person, so I got an attorney who mainly defends
doctors on malpractice and insurance companies in medical claims. It wasn't
even that I looked for this attorney, I was referred to her by the husband of
someone who worked at her firm. I thought, she might be just as good as any at
'filing paperwork'. But once I realized the reality...that it was a lawsuit and
you are suing the government and they have attorneys who do this all the time, a
pool of attorneys doing the same thing all the time, I had already retained
this attorney and I still believed it was going to be a no brainer.
To make a very long 6 years short, Shalala changed the tables and now a seizure
without a fever is NOT caused by the vaccine. Therefore, NO compensation. Since
there are no real definite scientific studies with enough kids to get those
RARE (translated 1 in 156,000) reactions documented, you have to PROVE something that is not provable. That's the only
way you can win on something that is not in the table is to PROVE it. It has
also been going on for 6 years..... If we had been able to actually get the
compensation, (which we won't) I would have used it to do out of the ordinary types of treatments. Devan continued to have seizures
lasting over an hour, usually an hour and a half, until the last one where he
had such severe brain damage from lack of oxygen - (because his neck muscles
contracted to the point that it stopped blood flow to his brain, even though we had oxygen on him within 30 seconds of the seizure starting and
when the paramedics got here they intubated him and put him on a respirator,
the blood flow would not go to his head.) and died at age 5 last April 19th.
This bill would make the benefit of the doubt in cases like mine fall to the
claimant/injured child so they wouldn't have to PROVE anything scientifically,
especially since the 'science' isn't there. Also, a lot of times, parents have
to get 'less than qualified' attorneys because they can't afford the top dollar
lawyers along with the hundreds of thousands of dollars of medical bills. Counseling...it allows for paying for
counseling the family, how wonderful.... do you all know that 89% of natural
parents of a child with disabilities will divorce? With the death of a child.... 96%? Much less having to go through courts with the government telling you they
didn't do what you know they did, but just want to get out of paying the money.
Well, this is the better part of our government, trying to make right what is
wrong with this. It will give interim money for the attorneys, so they can keep
up their work without going bankrupt.
I have spoken with Stuart Burns on numerous occasions and I have told him, the
only way this bill could be better is if it would be retroactive back to the
changes in the table that Shalala did in 1995. The judge, oh, by the way, they
aren't judges, they are 'special masters' which means they are just people who
were picked and placed in that position. The one we have, who happens to be the
Chief Special Master, is an accountant by trade. He was never trained in law,
but has had hands on training. The judge will not let us hold off a verdict
until after this bill lives or dies. It could be years. It might get attached
to something no one wants and get voted down simply because of what it was
attached to. So please, for the people who will be like me, who will be 'filing
a claim' after me, whose injured child they still have and can try to do the
best for, URGE URGE URGE your US Congressman in the House of Representatives to
support this bill. IF it passes there of course, it has to go to the Senate, but we'll tackle one at a
time.
By the way, the two attorneys who helped write this bill ARE attorneys who
represent vaccine injured children and their families visit their website at www.shoemakerandhorn.com I
have spoken with Brad Horn on several occasions and he is truly sincere.
Sorry this was so long, I am writing all my congressmen tonight, I have already
called, but they respond even better to someone who takes the time to write and
mail a stamped envelope, especially in handwriting.
Jo Womack
Breaking News Archives - each day's breaking news from December 1, 2003 (check here for breaking news you might have missed and breaking news that didn't ever hit the "front page")
More News - all the news most recently posted on this website
All the News - a running tab of everything posted on this website since October 29, 2003
Top Stories Archives - daily breaking and other important news stories
Daily News Archives - all the news posted on this website each day (from April 2001)
Hot Topics - selected stories, by category
Return to Vaccination News Home Page (for best results, right click to "open in new window")
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