NVICP & Vaccine Damage Act payments
Litigation & VICP

See: Vaccine law quotes

USA:
2001:
"Dr. Geoffrey Evans informed the ACIP that 161 claims have been filed this year, which averages approximately 13 per month. Nearly all the pre-1988 claims for adjudication have been completed. A little over $1 billion has been paid in claims to date, and there is $1.4 billion is in the trust fund."---- CENTERS FOR DISEASE CONTROL AND PREVENTION ADVISORY COMMITTEE ON IMMUNIZATION PRACTICE  Records of the Meeting Held on June 20-21, 2001  http://www.cdc.gov/nip/ACIP/minutes.htm

The US Federal Government's National Vaccine Injury Compensation Program (NVICP) has paid out over 724.4 million dollars to parents of vaccine injured and killed children, in taxpayer dollars. The NVICP has received over 5000 petitions since 1988, including over 700 for vaccine-related deaths, and there are still over 2800 total death and injury cases pending that may take years to resolve (NVICP, Health Resources and Services Administration).

"The computer records from the National Vaccine Injury Compensation Program, obtained by Gannett News Service using the Freedom of Information Act as part of a four-month study of federal immunization policy, reveal:  Of 253 infant death cases awarded more than $61 million by the U.S. Court of Federal Claims in the 1990s under the compensation program, 224, or 86 percent, were attributed to vaccination with DTP, the diphtheria, tetanus and pertussis (whooping cough) shot. In these cases, mortality was originally attributed to SIDS in 90, or 40 percent, of them.     Of 771 total claims filed by parents from 1990 through mid-1998, 660, or 86 percent, contained assertions that DTP was the cause of death. And 43 percent were classified by medical authorities at time of death as SIDS cases."--NVIC  http://www.909shot.com/

"Today, the bitter truth is that, although more than one billion dollars has been paid out to some 1,000 families whose loved ones have been harmed by vaccines, three out of four vaccine victims are turned away."--Barbara Loe Fisher

"VICP is the boondoggle Congress set up to free MDs and pharmaceutical manufacturers from most liability from their vaccination behavior.  In creating VICP Congress had to DEMAND that MDs make reports of suspected vaccine injury and suspected vaccine death. [Smith Pediatrics 1988] - yet in 1993 then-FDA Commissioner David Kessler, MD published evidence that physicians were failing to report up to 99% of serious adverse reactions to medications."--Todd Gostaldo DC

NVIC charges that the Departments of Health and Human Services (DHHS) and Justice have violated the "spirit and intent of the law" and turned what Congress promised parents would be a "non-adversarial, expeditious and informal process" into a "highly adversarial, lengthy, traumatic and unfair imitation of a lawsuit."     Pointing out that three out of four children are turned away for federal compensation for permanent immune system and brain damage following receipt of mandated vaccines.--NVIC Press release sept 1999

Factually, Congress established the NVICP on November 14, 1986 (Pub. L. 99-660), because the federal government, instead of nationalizing the production of vaccines as the public health statutes in Title 42 of the U.S. Code permit, gave in to the vaccine makers’ demands for protection from being directly sued for the harm that their vaccines, principally the DTwP vaccines and some lots of the polio vaccines, were causing to some who were vaccinated, rather than forcing the vaccine makers to either: a) improve the safety of their vaccines or b) turn over the manufacture of and facilities for the making of vaccines to the federal government.
    In return for the legal protections afforded to the vaccine makers, among other things:

•  The vaccine makers were supposed to improve the safety of their vaccines,
• The Secretary of HHS was mandated to do all that the applicable statutes and laws allow to make certain vaccine safety was improved (see: 42 U.S.C. Sec. 300aa-27 Mandate for safer childhood vaccines),
• A fair, non-adversarial, and speedy administrative claims system (the “Vaccine Court”) was established,
• A vaccine tax was provided to obtain the revenues required to maintain the Vaccine Court, and
• Statutes requiring certain recordskeeping practices by the vaccine providers and a vaccine adverse events reporting system (VAERS) were established to provide:
          • The feedback required to provide the records needed for the vaccine court to judge whether or not the vaccine may have harmed those vaccinated and
          • The information required to:
              • Determine the “in use” safety of vaccines and
              • Direct the efforts of the responsible HHS agencies in managing the vaccine licenses and approvals to increase vaccine safety.

Almost immediately after the NVICP was enacted, both the Congress, driven by its own federal interests and special interests, and those who were responsible for administering the NVICP systems and for overseeing the licensing and approval of vaccines, driven by similar forces, began to modify the statutes and the regulations and policies required to implement the NVICP in ways that made the NVICP less fair, increasingly adversarial, and less than rapid.
    The first change (Pub. L. 100-203, title IV, Sec. 4303(d)(2)(B), Dec. 22, 1987, 101 Stat. 1330-222) repealed the provision for automatic cost-of-living adjustment from the NVICP by striking 42 U.S.C. Sec 300aa-18 which “provided for annual increases for inflation of compensation under subsections (a)(2) and (a)(4) of section 300aa-15 of this title and civil penalty under section 300aa-27(b) of this title” – making the compensation provided increasingly less fair for those injured and the civil penalties provided for those who break these laws less punitive.
    Administratively, as the cases began to be heard, the government administrators, without even a public hearing, unilaterally removed several of the “automatic” compensable injury indications from the original vaccine injury tables set forth in 42 U.S.C. Sec. 300aa-14. Vaccine Injury Table – making the NVICP more adversarial.
    Moreover, the lawyers of the U.S. Department of Justice who were assigned to represent the federal government as respondent in the vaccine injury cases, driven by the policies of their appointed administrators, became increasingly adversarial in contesting every aspect of these cases – making cases more adversarial and their administration anything but rapid.
    Thus, as the backlog and the Autism Omnibus demonstrate, though the NVICP may have been “established to streamline the process for compensation for those who are injured due to vaccines (USDOJ 2007),” today’s NVICP is anything but streamlined. Key realities about autism, vaccines, vaccine-injury compensation, Thimerosal, and autism-related research----Gary S. Goldman, Ph.D & P.G. King PhD

UK:

Payout but still deny any connection:
"AT LEAST 26 families claim their children died as a result of the controversial measles, mumps and rubella jab, the Sunday Express can reveal.  In some cases the Government has awarded parents up to £100,000 under its 1979 Vaccine Damage Payment Act. In others, post mortem reports concluded the jab was the most likely cause of death. Despite this, the Department of Health insists no child has ever died from MMR."--Media

"It now transpires that during the Clinical Trials children did in fact suffer severe and irreversible brain damage as a result of the Pertussis Vaccine and accepted as such by Medical Experts appointed by the Department of Health........It is now an established fact that the present figure now stands at over 900 which is an absolute disgrace in a civilised country."--M Wain http://www.whale.to/vaccines/wain.html

In the second seven years of the scheme, 1985-86 to 1991-92 inclusive, 370 claims were submitted but only 15 awards were made, an initial-award rate of just 4%...The above therefore means that only 45 out of 1,592 applications (just 2.8%) were successful, surely an extraordinarily low rate. [July 2004] MMR and Acquired Autism (Autistic Enterocolitis) - A Briefing Note by David Thrower