How Can We Trust in Vaccines? - Page 3 - Mothering Forums

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#61 of 64 Old 02-23-2011, 01:28 PM
 
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Originally Posted by NaturalBirthGoddes View Post

I didn't read all of the replies, but all I can say is that I do not have much "faith" in a corporation who is given a "free pass" on accountability with their products.

 

The fact that the Vaccine Manufacturers cannot be sued in court for a faulty product does NOT increase my "trust" in the product.  If I put my child in a faulty crib, I could sue the manufacturer for the child's death or permanent bodily harm.  If a vaccine harms my child, I have to try to "prove" the harm in a system that relies on the CDC and HHS to say yes or no to the harm (which is very hard to do since the CDC and HHS PASS the vaccine to begin with!) and more times than not I would not win the case.

 

No, if a corporation is allowed to NOT be held accountable for their faulty products, that decreases my trust in that product immensely.  In this case, since I already do not trust Big Pharma, the FDA and the CDC, it doesn't say much for me ever chancing having my children vaxed.


That's not quite how it works. Firstly, you can sue the manufacturer for faulty product, but in order to file for compensation for a vaccine injury, you must first go through the National Vaccine Compensation Program. If your claim is denied then you are free to file a lawsuit. Secondly, the program actually does make it cheaper and easier for families to receive compensation, versus suing in court. All tabled injuries are guaranteed compensation, including attorney's fees. If your claim is for an injury that is not tabled, you don't have to prove causation, but prove that causation is plausible. And even if your claim is denied, attorney's fees are generally reimbursed through the Fund.



 

 

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#62 of 64 Old 02-23-2011, 08:47 PM
 
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That's not quite how it works. Firstly, you can sue the manufacturer for faulty product, but in order to file for compensation for a vaccine injury, you must first go through the National Vaccine Compensation Program. If your claim is denied then you are free to file a lawsuit. Secondly, the program actually does make it cheaper and easier for families to receive compensation, versus suing in court. All tabled injuries are guaranteed compensation, including attorney's fees. If your claim is for an injury that is not tabled, you don't have to prove causation, but prove that causation is plausible. And even if your claim is denied, attorney's fees are generally reimbursed through the Fund.



Maybe you've been out of the loop, but the Supreme Court just handed down a decision stating that the Vaccine Industry cannot be sued.  It was upheld 6-2.

 

So, yes, I am right.  If you cannot get a claim (which is capped, I believe, at $1M...and with the cost of medical care these days...that is most likely not enough to care for a severely vaccine injured child for the rest of their life...) through the NVIC, then you cannot sue through the courts.  You are SOL.  It does NOT make it easier because you DO have to prove that a vaccine may have caused an injury.  AND, if the child's injury is not 'tabled', it becomes very hard for the parents of the injured child to prove otherwise.  You also cannot supoena VM docs to prove negligence/etc.  It is a pathetic way to hold the VM 'accountable' without holding them accountable.

 

Just not acceptable.

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#63 of 64 Old 02-23-2011, 09:26 PM
 
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Originally Posted by NaturalBirthGoddes View Post

Maybe you've been out of the loop, but the Supreme Court just handed down a decision stating that the Vaccine Industry cannot be sued.  It was upheld 6-2.


No, they did not. They ruled that design defect claims are preempted by the NCVIA.

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#64 of 64 Old 02-24-2011, 06:58 AM
 
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Maybe you've been out of the loop, but the Supreme Court just handed down a decision stating that the Vaccine Industry cannot be sued.  It was upheld 6-2.

 

So, yes, I am right.  If you cannot get a claim (which is capped, I believe, at $1M...and with the cost of medical care these days...that is most likely not enough to care for a severely vaccine injured child for the rest of their life...) through the NVIC, then you cannot sue through the courts.  You are SOL.  It does NOT make it easier because you DO have to prove that a vaccine may have caused an injury.  AND, if the child's injury is not 'tabled', it becomes very hard for the parents of the injured child to prove otherwise.  You also cannot supoena VM docs to prove negligence/etc.  It is a pathetic way to hold the VM 'accountable' without holding them accountable.

 

Just not acceptable.


There is no cap on the amount that can be awarded for injuries; 1M is the average amount awarded (plus attorney's fees). I don't think this system is perfect, but is more beneficial than going through the tort system; claimants do not have to incur legal expenses, rulings are often handed down quicker, and because the burden of proof required is lower than in the tort system, 60% of claims are awarded (vs roughly 23% through the tort system). Its a heck of a lot better than pre-1986, where a family would have to go up against the manufacturer and their team of high-priced attorneys, only to stand a very good chance of losing. And even if they did win, they'd still lose a good chunk of it to legal fees.



 

 

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