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The National Vaccine Injury Compensation Program, one of many programs under the NCVIA, provides two means by which an injured individual may receive direct compensation.
Secretary of Health & Human Services, litigation under the NCVIA has dramatically changed.
Hibbard was not entitled to compensation under NCVIA. (32)
(35) In order to prevent this very issue, neither the Althen test nor NCVIA require the claimant to prove actual causation in order to obtain compensation; rather, the petitioner must only present a prima facie case that the government has the opportunity to rebut.
(46) In order for the NCVIA to retain its integrity and purpose, policymakers should implement new standards for proving causation to protect and compensate injured parties, while encouraging continued widespread use of vaccines.
Bioshield II in 2005, which also would have tracked the NCVIA model.
release further states that "[e]ven though [the NCVIA compensation
seems to accept the amount of compensation offered through NCVIA,
Congress enacted the NCVIA to provide no fault compensation for injuries caused by childhood vaccines in order to ease the potential burden on both claimants and manufacturers.
Sec'y of Health & Human Services, the United States Court of Appeals for the Federal Circuit issued the authoritative opinion on the elements of an NCVIA claim.
In keeping with earlier NCVIA cases, the Althen court reaffirmed the principle that the special master was tasked with applying the law on a case-by-case basis, not effecting substantive change to the NCVIA.
(50) The decision was met with a rigorous dissent arguing that the additional hurdle thwarted legislative intent by raising the burden of proof and inflating the authority of special masters by allowing them to interpret and alter the NCVIA. (51)
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