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UPDATE -Gov't admits they killed my baby - They slapped us in the face - Page 2  

post #21 of 214
9/29/05 at 4:15pm
post #22 of 214
9/29/05 at 4:18pm
mommyto3girls...

I went to your website. Sierra is beautiful.

I am so sorry she died. I am even more heartbroken Hep B was responsible. I loathe these vaxes....and I wonder how many other deaths were caused by Hep B vax...sigh.

I'm wondering, if you will be allowed to speak publicly about the shot and Sierra once you accept the settlement. Have they put a NOTALK clause?

again, I'm so sorry. Sierra is a beautiful angel.
post #23 of 214
9/29/05 at 4:23pm
Quote:
Originally Posted by Annie

Your courage to make the govmnt admitt what they did will help save other babies.
Well said.
s mommyto3girls You have done something wonderful, what a beautiful way to honor Sierra.
post #24 of 214
9/29/05 at 4:56pm
Thread Starter 
Tracy- I do not know any of the details of the settlement at all. I just called the lawyers office again and his sec. said he will call me back before the end of the day.

Electra- the gov't is basically who you sue through the Vaccine Injury Compensation Program. I believe it is the CDC, federal dept of health and someone else all combined. I know there is a website about it but I am at school right now.

Michael Blekin is a dad who has lobbied congress for a long time regarding the Hep B vaccine. His daughter Lila Rose died shortly after the Hep B vaccine but the coroner labeled it SIDS. He has been outspoken about it since the late 90's I believe. I have foudn out that the hospital Sierra was born at no longer gives Hep B routinely at birth so ther is one small victory.
post #25 of 214
9/29/05 at 5:30pm
Quote:
Originally Posted by mommyto3girls
Thank You All.

We have been advocating against hep. B to everyone we have a chance, so often people respond with "well my doc says it is okay." I am so happy now to be able to reply back that the Gov't has agreed and admitted that it was the Hep B vaccine that caused her to die.

The max settlement for a death case in the vaccine court is $250,000, I have no idea what they may have offered, the lawyer hasn't called me back and I have no frame of reference as far as what % of that is generally offered. It would be great if we could put it away and pay for the girls' college tuition. Nothing will bring back their sister, so the least the gov't can do is pay for college.
I've PM'd you. There might be more at stake here, so consider your options carefully.
post #26 of 214
9/29/05 at 5:56pm
Quote:
Originally Posted by mommyto3girls
Electra- the gov't is basically who you sue through the Vaccine Injury Compensation Program. I believe it is the CDC, federal dept of health and someone else all combined.
This is where you are incorrect.

The National Childhood Vaccine injury compensation act is a "no fault" legislation. You aren't suing the CDC, federal department of health or anyone else all combined at all.

The system that you have is actually two-tiered not one tiered.

The first tier is what you have done which is "no fault" That means that you go to the Special Masters Court who look at the case, and see if there is enough proof that the VACCINE caused the damage. If the answer is yes, there will be a maximum payout for death of 250,000.

But that does not assign culpability. It is by definition, "no fault".

Neither CDC, the Government or the manufacturers will be paying out that money.

What happens is that the Government applies a levy to every vaccine shot. So every person who gets a vaccine, say Hep B. pays say for example $15,00 per shot which goes into the vaccine funds.

Then if someone makes a claim, a whole lot of the $15.00 that other parents or their insurance co paid for their vaccines, are metaphorically gathered up, and used to give you a cheque for whatever amount the court will decide. And be aware that that can take some time.

At this point, any parent has a choice.

Having acceptance at this level means that the Special Master has recognised that the vaccine caused the problem.

The parents can then chose to accept the payment, or decline and go tort. Which means that you go to they system that was in existence BEFORE this act, whereby the manufacturer of the vaccine is sued, and they have to pay the bill, not the ordinary taxpayer of the United States.

The beauty of this system as far as the manufacturers are concerned is that usually by the time the parents have got to the end of the Special Master's court routines, they are so fagged out that they usually roll over and take whatever is offered them.

Whereas under the old system, vaccine manufacturers would often find themselves with judgements in the line of 5 - 11 million dollars against them. Particularly if the child was still alive and going to need life-time expensive care.

With the NCVIC Act, usually parents are so relieved at the end of that process that they stop there. Some parents go on further, and get what their due is, and that's the bit that manufacturers don't want, becuase they want the average american to pick up the bill. They don't want to be slapped with time wasting tort cases that might send a real message to society, and might force them to pay out big time.

All the National Childhood vaccine injury compensation Act does is it penalises every singe person in USA who put money into that fund. it doesn't take up one second of a vaccine manufacturers time or resources, and is the equivalent of belting them over the posterior with overboiled instant noodles.

And the government sails along blithely, because being "no fault" they can say "It was nothing to do with us...."

The other reason I campaigned against this legislation is that before it was enacted we had the same type of legislation in this country, and of all the legislations possible, the "no fault" legislation is the most unjust.

In comparison with our country though, you guys have it cushy. There is zero pay out for death in this country, and if your child is seriously injured all you get is on-going medical expenses and respite care, but you have to be re-assessed every year, and re-apply every year, and its a total nightmare.

Which is exactly what they want to create, so that parents don't go through years of fighting the ACC only to get peanuts for monkeys.

So in one sense, the USA has a slightly better system than here, but in reality it still doesn't send any messages to the places where they should be sent.

What out system here does, is that its so hard, that parents don't use it. Then the Government is able to turn around and say "See? There aren't very many "compensated" vaccine reactions at all."

They actually consider "compensation" to be paying ongoing medical costs. I would have thought that was what was justly due. Compensation is a lump sum over and above that, which is something parents here can't have.
post #27 of 214
9/29/05 at 5:56pm
I'm so sorry for your loss. I hope through your story, others will be saved.
post #28 of 214
9/29/05 at 11:39pm


I know it will not bring back your dear daughter, Serra, but I hope it can make grief alittle easier for you.

Nothing can replace your beautiful daughter! G-d bless you in the years to come. You have suffered enough.
post #29 of 214
9/30/05 at 12:09am
I'm so sorry for your loss
post #30 of 214
9/30/05 at 2:06am
I'm so sorry for your loss. Please keep telling your story over and over. You are such a strong mother. You never know who you can save.


Sherra
post #31 of 214
9/30/05 at 3:41am
I am very sorry for the loss of your daughter. I hope you can bring closure to your family soon.
post #32 of 214
9/30/05 at 4:30am
I am so sorry for your loss.
post #33 of 214
9/30/05 at 1:05pm
Thread Starter 
Well I talked to the lawyer, apparently I got too excited. They offered us $25,000 to settle without trial. I know this is not about the money but to accept a $25,000 settlement is an insult to our daughter's memory. We would rather walk away with absolutley nothing but our dignity and respect for Sierra, than to say yes, her life is only worth $25,000 to us.

The lawyer says we will be going to court on January 10-12. Sierra would turn 4 on January 15.
post #34 of 214
9/30/05 at 1:51pm
That is truly a slap in the face. I am just so sorry for your loss and that now you and your family are going through this.
post #35 of 214
9/30/05 at 2:06pm
Wow. That truly is a shame that they'd even attempt that. I'm sorry for your loss, and I'm sorry that this whole thing can't just be over.

Becky
post #36 of 214
9/30/05 at 2:12pm
I am sorry for your loss, a parent should never have to bury a child.

I am wondering about something though. What were you hoping for with their offer? Do you just want them to admit that the vaccine caused her death or is it a money issue. Again i apologize because I do not want this to come across as a slap in the face (which reading it back to myself it does). I know you don't want to take the money becuase you can put no value on your daughters death, but isn't the fact that they admitted it the bigger issue? I think its great you are trying to be an advocate. Did the settlement they offered include the stipulation that you can not talk about it in the future? To me it seems like the best case would be to accept the offer and invest into publicly speaking about your daughter and the dangers of vaccinations. Please don't take this as an insult just curious what they could do that would put you at peace.

So sorry you are having to go through this.
post #37 of 214
9/30/05 at 9:53pm
Quote:
Well I talked to the lawyer, apparently I got too excited. They offered us $25,000 to settle without trial. I know this is not about the money but to accept a $25,000 settlement is an insult to our daughter's memory. We would rather walk away with absolutley nothing but our dignity and respect for Sierra, than to say yes, her life is only worth $25,000 to us.

The lawyer says we will be going to court on January 10-12. Sierra would turn 4 on January 15.

that is the most EFFED up offer I have ever, ever, ever heard!!!

I totally would not accept it. And I believe they would have asked for a nondisclosure clause for their money. A-holes.

you may want your lawyer to talk to this lawyer...

Andy Waters. He's in Dallas. He has sued pharms and he might be able to help navigate the stream your attorney is in.

http://www.asbestos-lawyer.com/Bio/CWaters.asp
post #38 of 214
9/30/05 at 9:59pm
I am so sorry for your loss, and pray that you will find peace and closure.
post #39 of 214
9/30/05 at 10:27pm
I'm very sorry for the loss of your daughter.

I agree, I believe their offer is truly an insult.

The Special Master is essentially saying Sierra's life was worth $25,000. They most likely offered an amount similar to what an infant's life insurance policy would amount to if you had insurance on your daughter . . . and that is an insult.
post #40 of 214
9/30/05 at 11:21pm
I'm so sorry they did that! That is just an insult. Please, if you're able, keep us updated.
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Mothering › Forums › Health › Vaccinations › Vaccinations Archives › Personal Experiences › UPDATE -Gov't admits they killed my baby - They slapped us in the face