RALPH FUCETOLA III, J.D.
For further information on vaccination issues:
The Vitamin Lawyer's Vaccination Choice & Injury Information and News Pages -- vacinfo.html
Vitamin Lawyer Vaccine Alternatives Opinion Letter -- immunop.html (includes sample Religious Exemption and Medical Excuse letters)
Date: January 21, 2001
To: Whom It May Concern:
Re: National Vaccine Injury Compensation Program
This memorandum is written to acquaint victims of vaccination caused injury (and their parents) with the National Vaccine Injury Compensation Program (42 USC 6A) that provides for a Petition for Compensation in the United States Court of Federal Claims for persons injured by vaccination administered after October 1, 1988. Like Nuclear Power, vaccination is an uninsurable risk. In effect, the Federal statute removes vaccine injuries from the civil liability of the manufacturers of the vaccines and substitutes the Compensation Program. State and Federal courts are forbidden by the statute to allow lawsuits against vaccine administrators or manufacturers (for more than $1,000) unless an effort is made to obtain compensation under the Program first.
A petition for compensation under the Program for a vaccine-related injury or death, according to the statute, is required to "contain an affidavit and supporting documentation demonstrating that the person who suffered such injury or who died... received a vaccine..."
"(1) except as provided in paragraph (3), (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,
(B)(i) if such person received a vaccine set forth in the Vaccine Injury Table - (I) received the vaccine in the United States or in its trust territories, (II) received the vaccine outside the United States or a trust territory and at the time of the vaccination such person was a citizen of the United States serving abroad as a member of the Armed Forces or otherwise as an employee of the United States or a dependent of such a citizen, or (III) received the vaccine outside the United States or a trust territory and the vaccine was manufactured by a vaccine manufacturer located in the United States and such person returned to the United States not later than 6 months after the date of the vaccination, (ii) if such person did not receive such a vaccine but contracted polio from another person who received an oral polio vaccine, was a citizen of the United States or a dependent of such a citizen,
(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 (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 but which was caused by a vaccine referred to in subparagraph (A),
(D)(i) suffered the residual effects or complications of such illness, disability, injury, or condition for more than 6 months after the administration of the vaccine, or (ii) died from the administration of the vaccine, and
(E) has not previously collected an award or settlement of a civil action for damages for such vaccine-related injury or death,
"(2) except as provided in paragraph (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, and
"(3) an identification of any records of the type described in paragraph (1) or (2) which are unavailable to the petitioner and the reasons for their unavailability."
As can be seen from the above stated statutory requirements, there are very specific and detailed conditions which must be met before compensation can be granted. The law refers to the Vaccine Injury Table, maintained by the Secretary of HHS and it is this Table that determines compensation. A current copy of the Table is at the below noted web site.
As an attorney I am available to provide assistance in preparing for direct parental ("pro se") filing of the Petition in the Court of Federal Claims. Since I would not be representing anyone before the CFC, I have discounted the standard hourly fee to $150.00 per hour in recognition of the special circumstances of petitioners under the statute. I require a five hour retainer to ensure that I will be able to schedule sufficient time to prepare the claim to be filed by the claimant.
Please feel free to email me if you have any questions (put "VICP" in the subject line).
The US government's Vaccine Injury Compensation Program web site is athttp://bhpr.hrsa.gov/vicp/.
Information on vaccine issues & news: vacinfo.html
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ã2001 v 04/17/01, 07/20/01