The National Vaccine Program
Are you aware of a specialized Vaccine court dedicated to the compensation of vaccine injuries such as Autism and Death (please read vaccine inserts fully and attentively)? The estimated amount of claims paid is over $3.6 BILLION. The National Childhood Vaccine Injury Act was implemented in 1986. The National Vaccine Program, the Vaccine Injury Compensation Program, and the Vaccine Adverse Events Reporting System are systems to help manage the negative effects of vaccine administration. Law Code: 42 U.S.C. §§ 300aa-1 to 300aa-34. Below you will find excerpts from the law.
Pub. L. 99–660, title III, §314, Nov. 14, 1986, 100 Stat. 3782 states that manufacturers of vaccines must adequately warn health care providers of the nature and extent of dangers posed by such vaccines. Hiding in plain sight. The law admits there are dangers associated with vaccines.
§300AA–2. PROGRAM RESPONSIBILITIES
(1) Vaccine research to include the Department of Defense. Question to ask yourself: Why is the Department of Defense (members of the military) included in vaccine research? Using your critical thinking skills, I implore you to think anthrax.
(6) Distribution and use of vaccines: the law states for efforts to encourage public acceptance of immunizations. Question to ask yourself: If the vaccines are safe and effective, why would there be a need to encourage public acceptance?
(7) Evaluating the need for and the effectiveness and adverse effects of vaccines and immunization activities: The Director of the Program shall, through the plan issued under section 300aa–3 of this title, coordinate and provide direction to the National Institutes of Health, the Centers for Disease Control and Prevention, the Office of Biologics Research and Review of the Food and Drug Administration, the National Center for Health Statistics, the National Center for Health Services Research and Health Care Technology Assessment, and the Centers for Medicare & Medicaid Services in monitoring the need for and the effectiveness and adverse effects of vaccines and immunization activities. NOTE: In other words, all of the associations above must report adverse reactions to vaccine administration. The Department of Defense is not listed. History shows that we the people have been subject to vaccine experimentation.
§300AA–10. ESTABLISHMENT OF PROGRAM
(c) Publicity The Secretary shall undertake reasonable efforts to inform the public of the availability of the Program. There is nothing specified as to what efforts should be made- including the formal education of vaccine efficacy and safety in the United States top medical schools.
§300AA–11. PETITIONS FOR COMPENSATION
(2)(A) No person may bring a civil action for damages in an amount greater than $1,000 or in an unspecified amount against a vaccine administrator or manufacturer in a State or Federal court for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, and no such court may award damages in an amount greater than $1,000 in a civil action for damages for such a vaccine-related injury or death, unless a petition has been filed, in accordance with section 300aa–16 of this title, for compensation under the Program for such injury or death You can not file for a vaccine compensation if you file a civil lawsuit against vaccine manufactures. The average claim for vaccine injury exceeds $660,000.
(B) If a plaintiff has pending a civil action for damages for a vaccine-related injury or death, such person may not file a petition under subsection (b) for such injury or death. Note: 2/3 of claims filed for vaccine injuries are rejected.
(c) Petition content: A petition for compensation under the Program for a vaccine-related injury or death shall contain— (1) except as provided in paragraph (3), an affidavit, and supporting documentation, demonstrating that the person who suffered such injury or who died— (A) received a vaccine set forth in the Vaccine Injury Table or, if such person did not receive such a vaccine, contracted polio, directly or indirectly, from another person who received an oral polio vaccine, (Vaccine Shedding) Note: The law states that a person can contract diseases from the vaccine (vaccine shedding).
(C)(i) sustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table in association with the vaccine referred to in subparagraph (A) or died from the administration of such vaccine, and the first symptom or manifestation of the onset or of the significant aggravation of any such illness, disability, injury, or condition or the death occurred within the time period after vaccine administration set forth in the Vaccine Injury Table, or (ii)(I) sustained, or had significantly aggravated, any illness, disability, injury, or condition not set forth in the Vaccine Injury Table but which was caused by a vaccine referred to in subparagraph (A), or (Key Point of Contention for Parents of Autistic Children) (II) sustained, or had significantly aggravated, any illness, disability, injury, or condition set forth in the Vaccine Injury Table the first symptom or manifestation of the onset or significant aggravation of which did not occur within the time period set forth in the Table (Key Point of Contention for Parents of Autistic Children) but which was caused by a vaccine referred to in subparagraph (A), Note: (C)(i)(A) states DEATH. The law openly admits inherent risks.
(3), maternal prenatal and delivery records, newborn hospital records (including all physicians’ and nurses’ notes and test results), vaccination records associated with the vaccine allegedly causing the injury, pre- and post-injury physician or clinic records (including all relevant growth charts and test results), all post-injury inpatient and outpatient records (including all provider notes, test results, and medication records), if applicable, a death certificate, and if applicable, autopsy results, Note: All records must be complete and wordage must be verbatim or the claim is thrown out. Additionally, if the doctor states the he/she doesn’t agree that the injury was due to the vaccine, or the proper language required in the medical records, the claim is thrown out. Keep in mind that doctors receive no vaccine education in medical school and are not required to have continuing education hours in vaccine education to maintain a professional license. How likely are they to recognize a vaccine injury with no education on adverse events?
(f) Maternal immunization (1) In general Notwithstanding any other provision of law, for purposes of this subpart, both a woman who received a covered vaccine while pregnant and any child who was in utero at the time such woman received the vaccine shall be considered persons to whom the covered vaccine was administered and persons who received the covered vaccine. Note: This is stating that a child can be injured by a pregnant mother receiving vaccinations.
§300AA–12. COURT JURISDICTION
(a) General rule The United States Court of Federal Claims and the United States Court of Federal Claims special masters shall, in accordance with this section, have jurisdiction over proceedings to determine if a petitioner under section 300aa–11 of this title is entitled to compensation under the Program and the amount of such compensation. The United States Court of Federal Claims may issue and enforce such orders as the court deems necessary to assure the prompt payment of any compensation awarded. Note: The director is Dr. Bruce Gellin and has held the position since 2002.
(b) Parties (2) Within 30 days after the Secretary receives service of any petition filed under section 300aa–11 of this title the Secretary shall publish notice of such petition in the Federal Register. Note: As of March 1, 2017 over 17,935 Claims have been filed since the Vaccine Injury Compensation Program Inception. Roughly 100 new claims are added each month.
(E) Reporting annually to the Congress and the judges of the United States Court of Federal Claims on the number of petitions filed under section 300aa–11 of this title and their disposition, the dates on which the vaccine-related injuries and deaths for which the petitions were filed occurred, the types and amounts of awards, the length of time for the disposition of petitions, the cost of administering the Program, and recommendations for changes in the Program. Note: The law states that DEATHS will occur.
(3)(A) A special master to whom a petition has been assigned shall issue a decision on such petition with respect to whether compensation is to be provided under the Program and the amount of such compensation. The decision of the special master shall(ii) be issued as expeditiously as practicable but not later than 240 days, exclusive of suspended time under subparagraph (C), after the date the petition was filed. Note: Billable attorney & paralegal fees can range between $128-$440/per hour. There is a large financial profit to be made.
(4)(A) Except as provided in subparagraph (B), information submitted to a special master or the court in a proceeding on a petition may not be disclosed to a person who is not a party to the proceeding without the express written consent of the person who submitted the information. Note: This means the special master does not have to disclose what information was received for a claim.
(B) A decision of a special master or the court in a proceeding shall be disclosed Note: Special masters are only required to render the ruling.
(e) Action by United States Court of Federal Claims: The court shall complete its action on a petition within 120 days of the filing of a response
§300AA–13. DETERMINATION OF ELIGIBILITY AND COMPENSATION
(a) General rule (A) that the petitioner has demonstrated by a preponderance of the evidence the matters required in the petition by section 300aa–11(c)(1) of this title, and (B) that there is not a preponderance of the evidence that the illness, disability, injury, condition, or death described in the petition is due to factors unrelated to the administration of the vaccine described in the petition. Note: The wording of the doctors’ medical records and notes must match the vaccine injury table or the claim gets dismissed. Essentially, the attorneys are using the notes as a guideline to determine whether the claim will be approved or denied. Remember: doctors receive no vaccine education in medical school.
(A) does not include any idiopathic, unexplained, unknown, hypothetical, or undocumentable cause, factor, injury, illness, or condition, and (B) may, as documented by the petitioner’s evidence or other material in the record, include infection, toxins, trauma (including birth trauma and related anoxia), or metabolic disturbances which have no known relation to the vaccine involved, but which in the particular case are shown to have been the agent or agents principally responsible for causing the petitioner’s illness, disability, injury, condition, or death. Note: This means that if the doctor doesn’t believe the injury was related to the vaccine, the claim gets denied. Remember: Physicians attending the top medical schools in the United States have no vaccine education in medical school. They are also not required to obtain any continuing education courses to maintain their medical license. Question to ask yourself and your physician: How knowledgeable is your doctor about vaccine ingredients and injuries?
(B) may, as documented by the petitioner’s evidence or other material in the record, include infection, toxins, trauma (including birth trauma and related anoxia), or metabolic disturbances which have no known relation to the vaccine involved, but which in the particular case are shown to have been the agent or agents principally responsible for causing the petitioner’s illness, disability, injury, condition, or death. This means that if a prior infection or reaction to a vaccination the claim can be denied.
(b) Matters to be considered (2) The special master or court may find the first symptom or manifestation of onset or significant aggravation of an injury, disability, illness, condition, or death described in a petition occurred within the time period described in the Vaccine Injury Table even though the occurrence of such symptom or manifestation was not recorded or was incorrectly recorded as having occurred outside such period. Such a finding may be made only upon demonstration by a preponderance of the evidence that the onset or significant aggravation of the injury, disability, illness, condition, or death described in the petition did in fact occur within the time period described in the Vaccine Injury Table. Note: The time period must match the time period listed on the vaccine injury table or the claim gets denied.
Vaccine Injury Table
Consists of three columns: (1) Vaccine Name (2) Illness, Disability, Injury or Condition Covered (3) Time Period of 1st Manifestation of Onset or Significant Aggravation after Vaccine Administration. Note: The doctors’ medical records must exactly match the wording listed on the injury table or the claim is denied. Also note that the special master is not a doctor yet he is making decisions on claim filing based on a generic table. Furthermore, the vaccine injury table descriptions do not match the vaccine inserts for adverse reactions or post-market reports; death is not listed.
§300AA–14. VACCINE INJURY TABLE
(b) Qualifications and aids to interpretation (1) A shock-collapse or a hypotonic-hyporesponsive collapse may be evidenced by indicia or symptoms such as decrease or loss of muscle tone, paralysis (partial or complete), hemiplegia or hemiparesis, loss of color or turning pale white or blue, unresponsiveness to environmental stimuli, depression of consciousness, loss of consciousness, prolonged sleeping with difficulty arousing, or cardiovascular or respiratory arrest. Note: Again, the law admits that adverse effects arise from vaccinations, including DEATH. The reactions listed in this article are not on the vaccine injury table (please see vaccine injury table link above).
(2) A petitioner may be considered to have suffered a residual seizure disorder if the petitioner did not suffer a seizure or convulsion unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit before the first seizure or convulsion after the administration of the vaccine involved and if— • (A) in the case of a measles, mumps, or rubella vaccine or any combination of such vaccines, the first seizure or convulsion occurred within 15 days after administration of the vaccine and 2 or more seizures or convulsions occurred within 1 year after the administration of the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit, and • (B) in the case of any other vaccine, the first seizure or convulsion occurred within 3 days after administration of the vaccine and 2 or more seizures or convulsions occurred within 1 year after the administration of the vaccine which were unaccompanied by fever or accompanied by a fever of less than 102 degrees Fahrenheit.
(3)(A) The term “encephalopathy” means any significant acquired abnormality of, or injury to, or impairment of function of the brain. Among the frequent manifestations of encephalopathy are focal and diffuse neurologic signs, increased intracranial pressure, or changes lasting at least 6 hours in level of consciousness, with or without convulsions. The neurological signs and symptoms of encephalopathy may be temporary with complete recovery, or may result in various degrees of permanent impairment. Signs and symptoms such as high pitched and unusual screaming, persistent unconsolable crying, and bulging fontanel are compatible with an encephalopathy, but in and of themselves are not conclusive evidence of encephalopathy. Encephalopathy usually can be documented by slow wave activity on an electroencephalogram.
(B) If in a proceeding on a petition it is shown by a preponderance of the evidence that an encephalopathy was caused by infection, toxins, trauma, or metabolic disturbances the encephalopathy shall not be considered to be a condition set forth in the table. If at the time a judgment is entered on a petition filed under section 300aa–11 of this title for a vaccine-related injury or death it is not possible to determine the cause, by a preponderance of the evidence, of an encephalopathy, the encephalopathy shall be considered to be a condition set forth in the table. In determining whether or not an encephalopathy is a condition set forth in the table, the court shall consider the entire medical record.
(4) For purposes of paragraphs (2) and (3), the terms “seizure” and “convulsion” include grand mal, petit mal, absence, myoclonic, tonic-clonic, and focal motor seizures and signs. If a provision of the table to which paragraph (1), (2), (3), or (4) applies is revised under subsection (c) or (d), such paragraph shall not apply to such provision after the effective date of the revision unless the revision specifies that such paragraph is to continue to apply. Note: The law clearly indicates the extent of potential injuries due to vaccinations.
(e) Additional vaccines the Secretary shall, within 2 years of such recommendation Note: This means that recommendations, made by the special master, have up to 2 years to make changes to the table; that is dependent upon the recommendation being made in the first place. Question to ask yourself: How do you feel about this? Example: A vaccine is proven and known to cause death to infants; the special master can make a “recommendation” to amend the vaccine injury table and then have up to 2 years to execute the change.
(a) General rule (2) In the event of a vaccine-related death, an award of $250,000 for the estate of the deceased Note: This states the maximum compensation you can receive if your child dies is $250,000 minus taxes and health insurance policies. Remember that 2/3’s of claims are denied. See article B below.
(B) In the case of any person who has sustained a vaccine-related injury before attaining the age of 18 and whose earning capacity is or has been impaired by reason of such person’s vaccine-related injury for which compensation is to be awarded and whose vaccine-related injury is of sufficient severity to permit reasonable anticipation that such person is likely to suffer impaired earning capacity at age 18 and beyond, compensation after attaining the age of 18 for loss of earnings determined on the basis of the average gross weekly earnings of workers in the private, non-farm sector, less appropriate taxes and the average cost of a health insurance policy, as determined by the Secretary.
(4) For actual and projected pain and suffering and emotional distress from the vaccine-related injury, an award not to exceed $250,000
(d) Types of compensation prohibited (1) Punitive or exemplary damages Note: This means there is no liability to the pharmaceutical companies that manufacture the vaccines.
(e) Attorneys’ fees (B) If the judgment of the United States Court of Federal Claims on such a petition does not award compensation, the special master or court may award an amount of compensation to cover petitioner’s reasonable attorneys’ fees and other costs incurred in any proceeding on such petition if the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition was brought. Note: This means that the attorneys get paid even if the claims are denied.
(f) Payment of compensation (2) Compensation described in subsection (a)(1)(A)(iii) shall be paid from the date of the judgment of the United States Court of Federal Claims under section 300aa–12 of this title awarding the compensation. Such compensation may not be paid after an election under section 300aa–21(a) of this title to file a civil action for damages for the vaccine-related injury or death for which such compensation was awarded. Note: This means the money awarded to the family can be taken back.
(4)(A) Except as provided in subparagraph (B), payment of compensation under the Program shall be determined on the basis of the net present value of the elements of the compensation and shall be paid from the Vaccine Injury Compensation Trust Fund Note: This fund accumulates money from a $0.75 tax on each dose of vaccines. Example MMR (measles, mumps, rubella) is to “prevent” 3 diseases therefore making the tax on the MMR vaccine $2.25 whereas hepatitis B is only 1 disease and will have the tax of $0.75. The vaccine manufactures are to pay these taxes towards the fund. Vaccine Injury Compensation Reports are found here. The National Vaccine Injury Compensation Program can be found here.
VACCINE INJURY COMPENSATION TRUST
The Vaccine Injury Compensation Trust Fund has $3.646 Billion in listed Assets as of June 2017 and has grossed $98.971 Million in Fiscal Year 2016 on at least 100 Million Reported Vaccine Administration. Note: The program director, Bruce Gellin, is in control of these funds.
VACCINE ADVERSE EVENTS REPORTING SYSTEM (VAERS)
The Vaccine Adverse Events Reporting System (VAERS) was created in 1990. It is a system used to track vaccine injuries. As of 6-26-2017 VAERS contains 541,193 reports of injuries related to vaccines. Of the 541,193 reports of injury 8,516 children fatalities reported. This data is obtained from licensed doctors and emergency medical personnel. Data can be obtained freely by using CDC Wonder.
(h) Liability of health insurance carriers, prepaid health plans, and benefit providers No policy of health insurance may make payment of benefits under the policy secondary to the payment of compensation under the Program and— (1) no State, and (2) no entity which provides health services on a prepaid basis or provides health benefits, may make the provision of health services or health benefits secondary to the payment of compensation under the Program, except that this subsection shall not apply to the provision of services or benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. Note: If you have and use a life insurance policy or health insurance policy, you can not file a claim.
§300AA–16. LIMITATIONS OF ACTIONS
(a) General rule (2) a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a vaccine-related injury occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury, and (3) a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted. Note: Claims must be filed within listed time frames or the claim is dismissed.
(a) General rule Upon payment of compensation to any petitioner under the Program, the trust fund which has been established to provide such compensation shall be subrograted 1 to all rights of the petitioner with respect to the vaccinerelated injury or death for which compensation was paid, except that the trust fund may not recover under such rights an amount greater than the amount of compensation paid to the petitioner. Note: This means they can take back any money awarded for whatever reason. This decision is made by the special master. Please remember the special master is an attorney- not a licensed medical professional.
Section, act July 1, 1944, ch. 373, title XXI, §2118, as added Nov. 14, 1986, Pub. L. 99–660, title III, §311(a), 100 Stat. 3771, provided for annual increases for inflation of compensation under subsections (a)(2) and (a)(4) of section 300aa–15 of this title and civil penalty under section 300aa–27(b) of this title. Note: This means the compensation for monies awarded will not increase to offset inflation. As costs continue to rise, the set amount of monies awarded will remain the same.
§300AA–22. STANDARDS OF RESPONSIBILITY
(a) General rule (b) Unavoidable adverse side effects; warnings (1) No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings. Note: This is stating that the vaccine manufacturers can not be sued or held liable for vaccine injuries or deaths.
(d) Health care provider duties each health care provider who administers a vaccine set forth in the Vaccine Injury Table shall provide to the legal representatives of any child or to any other individual to whom such provider intends to administer such vaccine a copy of the information materials developed pursuant to subsection (a), supplemented with visual presentations or oral explanations, in appropriate cases. Such materials shall be provided prior to the administration of such vaccine. Note: This means that the health care provider administering the vaccine is required by law to provide the vaccine insert, warnings, precautions, benefits, risks in its entirety to the parent, legal guardian, or legal representative of the child prior to receiving the vaccination. Question to ask yourself: Have you ever been provided this information from your healthcare provider?
§300AA–27. MANDATE FOR SAFER CHILDHOOD VACCINES
(c) Report Within 2 years after December 22, 1987, and periodically thereafter, the Secretary shall prepare and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the actions taken pursuant to subsection (a) during the preceding 2-year period. Note: The last Task Force Report I could find was from 1998.
§300AA–28. MANUFACTURER RECORDKEEPING AND REPORTING
(b) Sanction (1) be subject to a civil penalty of up to $100,000 per occurrence, or (2) be fined $50,000 or imprisoned for not more than 1 year, or both. Such penalty shall apply to the person who intentionally destroyed, altered, falsified, or concealed such record or report, to the person who directed that such record or report be destroyed, altered, falsified, or concealed, and to the vaccine manufacturer for which such person is an agent, employee, or representative. Each act of destruction, alteration, falsification, or concealment shall be treated as a separate occurrence. Note: There is no record of a pharmaceutical company ever being sanctioned. Manufacturers are able to keep their own records. There is no external auditors that review the records.
FILING A VACCINE INJURY CLAIM
Vaccine Claims/Office of Special Master can be found here.