National Childhood Vaccine Injury Act

With most industries the injured party has the right to sue for damages, pain and suffering. If a car’s brakes fail, if you get into a car accident at all, if a restaurant poisons you, if a medication causes death, if chicken in a grocery store is contaminated, etc…etc… In all these instances you have the right to take the party causing injury to court and collect damages.

Not so with Vaccines.

In 1986 congress passed and President Ronald Reagan signed the National Childhood Vaccine Injury Act.

In this act they also established the Vaccine Adverse Event Reporting System in which a doctor or parent, if they had all the pertinent information, could file a report of injury. Doctors are required by law to file- but not required by law nor trained in medical school how to diagnose any ailment as an injury, so they go vastly unreported. A government commissioned study found that LESS THAN 1% were ever reported.

Additionally, The National Vaccine Injury Compensation Program was established as the place where injured people could file a claim with the government which is funded by a 75 cent tax on each vaccine dose (the MMR would be 3 doses). This court is extremely adversarial, costly and a long battle for those already struggling with loss or medical needs. In spite of denying 2/3rds of the claims that make it that far in the process, they have still paid out over 4 billion dollars to date with billions more in Trust. You can find the current report written by the Department of Justice here:

❔Why did this happen❔

A little background for the history nut:

🔸In January 1976 one soldier died and four soldiers were ill but recovered from a flu strain in Fort Dix, New Jersey. The health officials feared that it would be another Spanish Flu epidemic like 1918 (which supposedly killed 500,000 Americans).

🔸They pushed for a vaccination program and succeeded. In April of 1976 the government purchased over 200 million vaccines.

🔸 In June of 1976 insurance companies stopped covering vaccine injuries under liability insurance for manufacturers.

🔸In August of 1976 Congress passed they National Swine Flu Immunization Program that removed liability from this one vaccine and gave it to the government but still required use of the regular court system. They sold it as costing just 135 million dollars to ensure vaccines were available. it was passed quickly and most congressmen hadn’t even received a copy of the bill before they voted but passed it in a rush to be ready for the 1976-77 “flu season”.

🔸Vaccination started on October 1, 1976. Over the next 2.5 months 40 million Americans received the vaccine. 450 people developed GBS and transverse myelitis and 30 people had died from the vaccine so the program was immediately halted on December 16, 1976.

🔸The flu in the vaccine was not the flu strain the original soldiers even had. (Sound familiar?)

🔸The consent forms for the program vaccine listed information for a different strain flu shot and did not include risks for GBS or anything beyond a sore arm and headache. (Sound familiar?)

🔸In Spring of 1978, the Secretary of Health in an effort to cut the red tape for the injured, moved all cases to D.C. to be coordinated together and resolved faster. He said “We shouldn’t hold them to an impossible or too difficult standard to prove they were hurt. Even if we pay a few people a couple of thousand dollars that might not deserve it, I think Justice requires we promptly pay those people who do deserve it”.

🔸By 1985 the Federal government had paid out officially over 90 million to settle the lawsuits. According the CBS’s 60 minutes reporting, the real numbers were actually closer to $3.5 BILLION dollars.

🔸The Swine Flu Act of 1976 served as a template for congress to pass the NVICP in 1986. They did so in the wake of mounting expenses both being paid by the government for the Swine Flu Vaccine the assumed responsibility for and the damages being paid out by the manufacturers for the notoriously dangerous DPT Vaccine. Neither could keep up the pace. Voila, a taxpayer funded option kept them in business to this day.

For further reading on this topic, check out: