NVICPNational Vaccine Injury Compensation Program (US Department of Health and Human Services)
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Children's Health Defense (CHD) says 75 percent of NVICP cases are dismissed.
(229) The NVICP, however, is arguably the most famous example and provides a helpful illustration of this type of fund.
The NVICP is designed to compensate victims of injuries caused by vaccines.
(235) Persons eligible to make claims and receive compensation from the NVICP include any individual vaccinated in the United States, citizens vaccinated outside of the United States while serving abroad as a military service member or a federal government employee, or any dependent of a citizen who was vaccinated outside of the United States.
(241) Although vaccine injury sufferers must initially file a claim with the NVICP rather than pursue a lawsuit in the tort system, if the petitioner is unhappy with the outcome of their claim or does not successfully obtain compensation from the fund, then she has the right to file suit in civil court.
Location: Egg Harbor Township, NJ NVICP settlement: [redacted]
In a 2001 congressional hearing, the director of the NVICP stated, "The program significantly reduces, but cannot eliminate, the tension and adversity inherent with any litigation process for resolving claims." (153) Paul Harris, representing the DOJ, attributed petitioners' complaints not to adversity within the system, but to "denial of scientifically unsupported petitions." (154)
As the Director of the NVICP remarked in 2001, "the program was never intended to serve as a compensation source for wide range of naturally occurring illnesses and conditions, which unfortunately affect many of our children." (157) Instead, the program was intended to compensate for vaccine-related injuries.
(148.) See Shemin, supra note 7, at 493 n.185 ("Simple calculation demonstrates that there is currently not enough money in the Vaccine Trust Fund to compensate the approximately 4900 claims should the special masters find in their favor."); Moreland, supra note 55, at 369 (stating that the NVICP "could be bankrupt if petitioners in autism cases are given compensation through the Program").
At every refusal, ask the parent to sign the NVICP Refusal to Vaccinate form, which can be obtained at www.cispimmunize.org.
Moreover, the annual cost to the NVICP of paying compensation for adverse effects would probably increase these estimates substantially, as a number of studies have reported an association between influenza vaccine administration and adverse reactions such as Guillain-Barre syndrome, (14-17) Bell's palsy, (18,19) and systemic vasculitis.
Geier has been a consultant in cases involving vaccines before the no-fault National Vaccine Injury Compensation Program (NVICP) and in civil litigation.