National Vaccine Injury Compensation Program Circa 2012
Posted Jun 01 2012 12:00am
By Wayne Rohde
This October 1st will mark the 24th Anniversary of the National Vaccine Injury Compensation Program (NVICP), or the Vaccine Court as many refer to the program. It was established in 1988 by Congress passing the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) to provide quick, non-adversarial, no-fault resolution and compensation to those injured or who have died as a result of a childhood vaccine. Doesn’t that sound reasonable? Doesn’t that sound fair and just?
But it is not. The NVICP has become a nightmare for many families and individuals, though it is the only recourse for people who have suffered from side effects of many vaccines. For most, having to deal with injured children and the complicated medical conditions is difficult at best. And finally, they are asked to relive that nightmare by filing a petition with the Vaccine Court.
During the course of my investigation of the NVICP and ongoing research for my book, I have been a witness to many of the finest human beings that anyone could ever meet. Like parents from a classic John Steinbeck novel determined to provide better for their offspring , parents of vaccine injured children continue to fight for their children, determined to resolve their children’s ailments, and to insure that others do not suffer the same fate.
Reading hundreds of case decisions and court dockets, listening to many families and individuals share their experiences with filing petitions and their own research of vaccine injury, securing an attorney to best represent their interests, trying to understand the legal procedure, dealing with the emotional rollercoaster of the court proceedings, enduring the intimidation of Department of Justice attorneys and their medical experts, all trained and dedicated to making your life as miserable as possible, to bring you to a breaking point, to force you to give up, would break the common man. But not here. Not parents of special needs children. Not these parents.
The majority of current petitions filed in 2011 and 2012 with the NVICP are made of HPV injuries and HPV deaths, most from the Gardasil vaccine. It has been said the Gardasil victims are the voice of all the autism cases. Our children cannot speak for themselves as they regressed into autism. It is the hope of many, that the girls affected by this vaccine, do what our own children with autism cannot do, speak about their injuries. It is unfortunate for so many young girls to be injured or worse, all because one of the worst and most unnecessary vaccines every created for young children.
What is most troubling about all the HPV cases is the Court dismissing a majority of petitions in a very quick and deliberate manner. After talking with the parents of several of the dismissed cases, an ugly and deceitful pattern is emerging. The Gardasil vaccine is a relatively new vaccine. Thus we really do not know the extent of all the side effects that can be caused by it, nor do we know all the underlying medical conditions that might create serious interactions with other medications – such as birth control medication, or reactions to underlying medical conditions – such as diabetes, depression, conflicts with menstrual cycles, and so much more.
The Vaccine Court is promptly dismissing many of these cases if these underlying medical conditions are determined. I would suggest to the attorneys that are representing the petitioners that they seek a stay in the proceedings until the science and research catches up.
As a matter of procedure in the Vaccine Court, there are only two ways to receive compensation: (1) your medical condition must be exactly as is defined in the Vaccine Injury Table, or (2) you must prove that your medical condition was directly caused by a vaccine. Proving causation is nearly impossible in today’s Vaccine Court. Just think about the injustice and similarity of the 5,000-plus autism cases that were dismissed recently.
I hope to share more in the future with you regarding my research of thousands of vaccine injury cases – some won compensation, many who had their petitions dismissed, and some who did not file a petition due to not knowing about the program or just did not want to put their family through any more emotional or mental anguish and pain.
I promise you one thing. Through all this pain and heartache, I will present to you a new generation of emerging advocates, strong and unwavering, born from the misery of either losing a child or understanding the Vaccine Court was not set up for the protection of citizens, by allowing them to receive quick and fair compensation for injuries. Rather, these advocates understand the NVICP court is protecting the vaccine industry… and as my friend Mark Blaxill has stated, the major medical industrial complex.
Wayne Rohde lives in Woodbury, MN. Father of Nick Rohde, a 14 year old vaccine injured boy who later was diagnosed with severe regressive autism.