Health Hippo: Vaccines

The National Vaccine Injury Compensation Program created a no-fault compensation program for those injured by childhood vaccines. By providing a standardized method to compensate injured persons, the Act attempts to balance vaccine safety and availability. It is funded by an excise tax on vaccines.

Recently, HHS proposed revisions to the Vaccine Act that add certain conditions to the Vaccine Injury Table. Legislation in Congress would extend the filing deadline for certain claims. Several vaccine injury cases have been decided by the federal circuit courts and one case, Shalala v. Whitecotton, has been decided by the U.S. Supreme Court.

• 21 USC CHAPTER 5: VIRUSES, SERUMS, TOXINS, ANTITOXINS...
• 42 USC Sec. 300aa-1. National Vaccine Injury Compensation Program: Establishment
  • 42 USC Sec. 300aa-2. Program responsibilities
  • 42 USC Sec. 300aa-3. Plan
  • 42 USC Sec. 300aa-4. Report
  • 42 USC Sec. 300aa-5. National Vaccine Advisory Committee
  • 42 USC Sec. 300aa-6. Authorization of appropriations
  • 42 USC Sec. 300aa-10. Establishment of program
  • 42 USC Sec. 300aa-11. Petitions for compensation
  • 42 USC Sec. 300aa-12. Court jurisdiction
  • 42 USC Sec. 300aa-13. Determination of eligibility and compensation
  • 42 USC Sec. 300aa-14. Vaccine Injury Table
  • 42 USC Sec. 300aa-15. Compensation
  • 42 USC Sec. 300aa-16. Limitations of actions
  • 42 USC Sec. 300aa-17. Subrogation
  • 42 USC Sec. 300aa-18. Repealed
  • 42 USC Sec. 300aa-19. Advisory Commission on Childhood Vaccines
  • 42 USC Sec. 300aa-21. Authority to bring actions
  • 42 USC Sec. 300aa-22. Standards of responsibility
  • 42 USC Sec. 300aa-23. Trial
  • 42 USC Sec. 300aa-25. Recording and reporting of information
  • 42 USC Sec. 300aa-26. Vaccine information
  • 42 USC Sec. 300aa-27. Mandate for safer childhood vaccines
• 42 USC Sec. 256d, Breast and cervical cancer information
• 42 USC Sec. 256c, Bulk purchases of vaccines for certain programs
• 42 USC Sec. 283d. Children's Vaccine Initiative

• Vaccine Adverse Event Reporting System (VAERS) Vaccines protect many people from dangerous illnesses, but vaccines, like drugs, can cause side effects, a small percentage of which may be serious. The FDA continually monitors reports to determine whether any vaccine or vaccine lot has a higher than expected rate of events.
• CDC's National Immunization Survey: Methodological Problems Limit Survey's Utility. GAO/PEMD-96-16. September 19, 1996.
• The National Vaccine Injury Compensation Program (s 305.91-4 , Recommendation No. 91-4) Recommendations of the Administrative Conference of the United States..
• Dispelling Vaccination Myths: Part I by Alan Phillips. An introduction to the contradictions between medical science and immunization policy.
• National Vaccine Injury Compensation Program: Revisions and Additions to the Vaccine Injury Table--II, [Federal Register: February 20, 1997 (Volume 62, Number 34)] [Rules and Regulations] [Page 7685-7690] The Secretary has made findings as to certain illnesses and conditions that can reasonably be determined in some circumstances to be caused or significantly aggravated by certain vaccines.
• Vaccines for Children: Critical Issues in Design and Implementation (Letter Report, 07/18/94, GAO/PEMD-94-28). The Vaccines for Children program was authorized by Congress in 1993 in order to increase immunization rates through free vaccinations.
• Vaccines for Children: Major Implementation Hurdles Remain (Testimony, 07/21/94, GAO/T-PEMD-94-29). The Vaccines for Children program was authorized by Congress in 1993 in order to increase immunization rates through free vaccinations.
• Vaccines for Children: Barriers to Immunization (Testimony, 05/04/95, GAO/T-PEMD-95-21). Available studies did not contain enough evidence for GAO to conclude that vaccine cost--a major focus of the Vaccines for Children Program--has been a significant barrier to immunization.
• Vaccines for Children: Refocusing the Program's Goal and Implementation (Testimony, 06/15/95, GAO/T-PEMD-95-23). More than 95 percent of the nation's children receive recommended vaccinations by the time they enter school.
• Immunization: HHS Could Do More to Increase Vaccination Among Older Adults (Chapter Report, 06/08/95, GAO/PEMD-95-14). Pneumonia and influenza are the leading causes of vaccine- preventable death. The elderly suffer the most from these diseases and the costs to the federal government are substantial.
• National Vaccine Injury Compensation (VICP) Home Page For additional information call our public information line at 1-800-338-2382 or click here to send written inquiries.
• Vaccine Injury Table (Effective Date: March 10, 1995)
• ACCV Charter The Advisory Commission on Childhood Vaccines (hereinafter referred to as the "Commission") shall advise and make recommendations to the Secretary on matters related to the Program responsibilities
• Questions & Answers About VICP Commonly Asked Questions About the National Vaccine Injury Compensation Program
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• Martin v. Secretary of Health and Human Servs. (Fed. Cir., August 15, 1995) (Court of Federal Claims had no jurisdiction to award attorney fees and costs in Vaccine Injury Act Case)
• McAllister v. Secretary of Health and Human Servs. (Fed. Cir., November 16, 1995) (remanded with instructions to recalculate $156,449 award under the Vaccine Act)
• Salceda v. Secretary of Health and Human Servs. (Fed. Cir., November 28, 1995) (claimant who suffered vaccine-related injury before November 15, 1988, and filed civil action deemed ineligible to file a petition under the Vaccine Act)
• Shalala v. Whitecotton (U.S., April 18, 1995) (claimant who experienced symptoms of injury after receiving vaccination does not make out prima facie case for compensation under Vaccine Injury Act when evidence fails to indicate no symptoms of injury prior to vaccination)

• Congressional Record 1997: Vaccine
• Vaccine Bills (105th Congress)

~ Biological Control of the Human Population ~ CDC Travel Information Page: Vaccine Requirements ~ DISPELLING VACCINATION MYTHS ~ DNA Vaccine Web ~ Eight Questions ~ FDA's Center for Biologics Evaluation and Research ~ Immunization Action Coalition ~ Immunizations in Adults ~ National Coalition for Adult Immunization ~ North American Vaccine ~ Plague Links ~ Rabies Vaccination ~ The Garry Lab Web Pages-WWW Virology Servers: More... ~ Vaccines & Diseases News ~ VaCCINe Overview ~ VACCINES: HISTORY & THEORY ~ VMP - VACCINES, BIOLOGICAL PRODUCTS - Companies ~ Vaccine Web Information ~ WORLD AIDS VACCINE EFFORT * WAVE