Tag: lawsuit

Which Countries Have a Vaccine Injury Compensation Program?

Vaccines are safe, effective, have few risks, and are obviously necessary.

They aren’t perfect though, which is why “the National Vaccine Injury Compensation Program (VICP) may provide financial compensation to individuals who file a petition and are found to have been injured by a VICP-covered vaccine.”

But the NVICP is only in the United States.

Which Countries Have a Vaccine Injury Compensation Program?

What do other countries do?

The United States isn't the only country with a vaccine injury compensation program. We weren't even the first to have such a system.

You will likely be surprised to know that many have their own vaccine injury compensation programs, including:

  1. Germany ( year of introduction – 1961)
  2. France (1963)
  3. Japan (1970)
  4. Switzerland (1970)
  5. Denmark (1972)
  6. Austria (1973)
  7. New Zealand (1974)
  8. Sweden (1978)
  9. UK Vaccine Damage Payments Unit (1979)
  10. Finland (1984)
  11. Government of Québec Vaccine Injury Compensation Program (1985)
  12. United States NVICP (1988)
  13. Taiwan (1988)
  14. Italy (1992)
  15. Korea National Vaccine Injury Compensation Program (1994)
  16. Norway (1995)
  17. Iceland (2001)
  18. Slovenia (2004)
  19. Hungary (2005)

Does this prove that vaccines are dangerous?

“Vaccines are extremely safe and harm is rare. World-wide, more than 30,000 vaccine doses are delivered per second through routine immunization programs, which,in turn, prevent an estimated 2 million to 3 million deaths annually. The occurrence of serious adverse events, such as those that result in death, threaten life, require inpatient hospitalization, or result in significant disability, are rare (eg, <1 adverse event occurs per 10 million doses for tetanus toxoid vaccines, 1-2 adverse events per 1 million doses for inactivated influenza vaccine, and none for hepatitis A).”

Halabi et al on A Global Vaccine Injury Compensation System

Of course not!

Remember, payouts from these programs, compared to the number of doses of vaccines given, are rare.

Should all countries have a compensation program?

“The most important justification, however, is an ethical argument from justice and equity: introduction of a vaccine injury compensation scheme acknowledges the unique situation that routine childhood immunization is a public health measure, given and accepted in good faith, that may occasionally damage the recipient.”

David Isaacs on Should Australia introduce a vaccine injury compensation scheme?

Sure.

People shouldn’t have to fight for compensation for the rare circumstance for when a true vaccine injury does occur.

More on International Vaccine Injury Compensation Programs

How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History

Can you believe that there were only 37 measles cases in 2004?

This year, we sometimes get reports of 37 cases in a week.

What happened?

A rise in measles cases all over the world happened. And since folks do travel, that led to outbreaks in any community that doesn’t have high rates of vaccination.

How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History

And that’s where the PEACH Vaccine Safety Handbook comes into play.

Since at least 2014, the PEACH project folks and have been distributing their magazines filled with misinformation about vaccines in Orthodox Jewish communities.

In addition to Lakewood, the PEACH magazine was sent to “a mailing list that included a comprehensive directory of Pittsburgh families affiliated with various branches of Orthodoxy.”

And it found its way to Brooklyn and other Orthodox communities. Many of the same communities where we are now seeing the largest measles outbreaks in recent history, although there are plenty of outbreaks in other places too.

Surprisingly, PEACH is pure PRATT – anti-vaccine points refuted a thousand times.

Folks really should read the package insert of vaccines and should understand what they say. They don’t say that vaccines are associated with autism.

The cartoons were a nice touch, but should have been a tip-off that none of it was true! There is even a cartoon about the HAZMAT myth.

It all does look very official and sounds scary though, so it is easy to see how parents could be mislead by the magazine, especially when they seem to cite references for all of their “facts.”

This PEACH timeline was originally posted on several anti-vaccine websites back in 2007…

But let’s look at some of the facts in the above timeline:

  • is there any reason why Germany might have seen a rise in diphtheria cases in 1945?
  • Ghana was not declared measles-free in 1967. Unfortunately, Ghana is still not measles-free…
  • while the SV40 virus did contaminate some polio vaccines, it has not been associated with causing cancer or any other problems
  • whooping cough cases rose in Sweden and the UK because they stopped using the DPT vaccine in the late 1970s and 80s over fears of side effects. Of course, we now know that these fears were unfounded and many kids suffered because those fears were hyped by a few doctors, the media, and players from the start of the modern anti-vaccine movement
  • frivolous lawsuits over DPT side effects is what led to the rise in DPT prices
  • Jonas Salk testified that “mass inoculation against polio was the cause of most polio cases in the USA since 1961” because the Salk and Sabin polio vaccines had already controlled wild polio in the United States!!!
  • What about the idea that “the February 1981 issue of the Journal of the American Medical Association found that 90% of obstetricians and 66% of pediatricians refused to take the rubella vaccine?” That’s actually kind of true. But it was just a survey of a small number of employees at Los Angeles County University of Southern California Medical Center, most of whom believed that they actually were immune because they had likely been exposed to rubella so much in the past.

The rest of the magazine continues with the same kind of propaganda, trying to make folks think that vaccines don’t work, vaccines aren’t necessary, and that vaccines are dangerous.

Their experts?

From Russell Blaylock and Mark Geier to Tim O’Shea and Sherri Tenpenny, it is a who’s who of the worst folks in the modern anti-vaccine movement. They are certainly not the kind of folks you should be turning to for advice about vaccines, or anything else.

I wonder what they say about Shaken Baby Syndrome? Is it a vaccine injury too?!?

As we have seen with these growing measles outbreaks, although it makes a catchy slogan, you can’t always vaccinate later. You can wait until it is too late.

“I can only conjecture. But it has to be a combination a propensity towards conspiracy theories and religiosity gone awry based on bad information and in my view a gross misunderstanding of Halacha.”

AntiVaxxers – Religious Views Gone Awry

And that’s how you end up with the longest lasting measles outbreak in the United States in nearly 20 years.

More on How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History

Why Is a Kentucky Teen Who Refused to Get Vaccinated Suing His School?

One extra consequence of the rise in cases of vaccine-preventable diseases we have been seeing lately, in addition to the fact that more kids are getting sick, is that we are seeing more kids being quarantined and kept out of school.

“The parents of 42 children affected by the ban at the school, the Green Meadow Waldorf School, sued the Rockland County health department, asking a federal judge to issue an injunction to allow the children to return.”

Parents Wanted Their Unvaccinated Children in School, but a Judge Said No.

And in a few cases, we are seeing lawsuits trying to get some of these kids, mostly intentionally unvaccinated kids, back into school.

Why Is a Kentucky Teen Who Refused to Get Vaccinated Suing His School?

While most outbreaks are related to measles, in Kentucky, a large outbreak of chickenpox at Our Lady of the Sacred Heart/Assumption Academy in Walton has led to the quarantine of a number of unvaccinated students.

A chickenpox quarantine sign

One student, a senior and the starting center on the school basketball team, is suing to get him back in school.

“The Kunkels filed their lawsuit Thursday in the Boone County Circuit Court alleging that the Northern Kentucky Health Department had violated Jerome’s First Amendment rights. Accepting the chickenpox vaccine would be “immoral, illegal and sinful,” they said, according to their Catholic beliefs. The lawsuit also alleges that the health department violated due process when officials enacted the extracurricular and school attendance bans without declaring an official emergency, which would have triggered the involvement of the state legislature.”

God, country and chickenpox: How an outbreak entangled one school in a vaccine showdown

So they are actually suing the health department, not his school, to get him back into school…

Wait a minute though?

Is the Catholic Church against vaccines?

“Since there is no Catholic teaching that the use of these vaccines is sinful, schools cannot allow Catholic parents to claim a religious exemption from the requirement of immunization.”

National Catholic Bioethics Center on Vaccines and Exemptions Granted by Schools

Are they against the chickenpox vaccine?

“One is morally free to use the vaccine regardless of its historical association with abortion. The reason is that the risk to public health, if one chooses not to vaccinate, outweighs the legitimate concern about the origins of the vaccine. This is especially important for parents, who have a moral obligation to protect the life and health of their children and those around them.”

National Catholic Bioethics Center

No, they aren’t, which is why most Catholics vaccinate and protect their kids.

“In the event that the county health department or state health department declares an outbreak of a vaccine-preventable disease for which proof of immunity for a child cannot be provided, he or she may not be allowed to attend childcare or school for up to three (3) weeks, or until the risk period ends.”

Kentucky Parent or Guardian Declination on Religious Grounds to Required Immunizaitons

A judge will have to decide the merits of the case, but from a moral standpoint, it seems like they are on shaky ground.

More on Quarantines for Intentionally Unvaccinated Kids

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

So you likely know that there were a bunch of lawsuits against manufacturers of the DPT vaccine in the early and mid 1980s.

“As the number of lawsuits grew to hundreds during the early 1980s, the pharmaceutical companies making vaccines saw their liability insurance bills soar. Worried not only about multimillion-dollar settlements, but also even the legal costs of defending themselves successfully, several companies simply stopped making vaccine.”

How a Media Scare On Vaccine Started a ‘near-Epidemic’

That’s why the National Vaccine Injury Compensation Act passed in 1986, creating the National Vaccine Injury Compensation Program and the Vaccine Court.

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

But did those DPT vaccine lawsuits prove that vaccines aren’t safe?

Is that why vaccine manufacturers needed help to limit their liability?

“The total amount claimed in 1984 DTP vaccine suits ($1.3 billion) is more than 20 times the total value of 1984 sales of DTP vaccine at the market price of $2.80 per dose.”

Hinman on DTP Vaccine Litigation

Of course not!

While the older DPT vaccine did cause more local reactions, pain, and fever than the newer DTaP vaccine that replaced it, all of the serious reactions that triggered the lawsuits were later found to not be caused by the vaccine.

Most of the DPT lawsuits were thought to be frivolous.

That’s not surprising, as the same vaccine lawsuits that were succeeding in driving vaccine manufacturers out of business in the United States were failing in the UK and Canada!

This included the Loveday judgment in Great Britain’s High Court of Justice, Queen’s Bench Division and the Rothwell judgment in the Supreme Court of Ontario, Canada, both decided in 1988, with justices ruling that there was “insufficient evidence to demonstrate that pertussis vaccine can cause permanent brain damage in children.”

Similar cases were succeeding in the US though..

“The number (and dollar value) of suits increased in 1982, a year when broadcast and print media began to devote considerable attention to the alleged hazards associated with the use of pertussis-containing vaccines. Most of the media coverage has emphasized alleged risks of pertussis vaccines and has given relatively little attention to the benefits of their use.”

Hinman on DTP Vaccine Litigation

Most experts knew that most of the lawsuits were frivolous, but they weren’t able to stop the damage that was to come, as:

  • the DPT: Vaccine Roulette special aired on TV
  • Barbara Loe Fisher, believing that her child was damaged by the DPT vaccine, formed the Dissatisfied Parents Together organization and wrote the book DPT: A Shot in the Dark, which later influenced Bob Sears
  • there were temporary shortages of DTP vaccine in 1984, as “two of the three American manufacturers of the product decided to halt or restrict its sales.”

What else happened? I mean besides all of the studies proving the DPT vaccine was safe?

Parents who had been scared by the DPT controversy were ready and primed when Andy Wakefield showed up and told them that they had something new to worry about – the MMR vaccine and autism.

And of course, pertussis is now returning, as more parents are scared to vaccinate their kids and the newer DTaP vaccine isn’t as effective as DPT.

More on Those Lawsuits That Almost Put Vaccine Manufacturers out of Business