WITHOUT FIRST BRINGING CHILD'S CLAIM TO VACCINE COURT
A federal judge in Galveston, Texas has ruled against the
parental claims of a vaccine-injured child, dismissing those claims filed in
federal district court. The claim was brought on behalf of the parents for
"loss of consortium" due to an injury, specifically, autism, caused by
vaccines. The parents' derivative claim for loss of consortium is based on
their inability to enjoy the relationship they expected to have with their
child.
Judge Samuel B. Kent explains in his ruling: "Simply put,
individuals who qualify as Program claimants must file petitions in the
Vaccine Court in order to pursue any vaccine-related claims at all." (cite)
The message that Judge Kent is sending is clear: if parents hope to bring a
claim that is based on an injury caused by a vaccine, they must bring a
claim for their child in the Vaccine Court as directed by federal statute
within the time period defined by that statute. Parents must be vigilant in
pursuing their claims, and bring those claims on behalf of their children to
preserve any related claims they may have.
The National Vaccine Injury Compensation Program (NVICP) was
established by Congress to compensate those persons who may be injured by
routine vaccinations. It requires any claim for compensation relating to a
vaccine covered by the NVICP to be filed in the Program. The NVICP created
the Vaccine Program Courts in Washington, D.C., which specialize in vaccine
injuries and, by law, are required to be the "first line" in determining
whether a vaccine-related claim is valid. Vaccine-related claims may be
brought in civil court after Program claims are decided, but only if a claim
is first brought in the Vaccine Program Court within 36 months of the onset
of the first symptoms of injury, or, in death cases, within 24 months from
the date of death or 48 months of the date of injury, whichever comes first.
"Families should be aware of the NVICP's time limitations, and
make sure they consult with an attorney in time to preserve their claims,"
advises Jeffrey Thompson, lead attorney with The Vaccine Injury Alliance.
According to Thompson, "Attorneys who specialize in vaccine injury are
available to make sure that claims are brought in the proper court at the
proper time, but parents must seek out an attorney as soon as they suspect a
vaccine injury has occurred."
The Vaccine Injury Alliance (VIA) is an alliance of law firms
and legal professionals who are committed to helping families in obtaining
compensation for the devastating effects of vaccine-related injuries under
the National Vaccine Injury Compensation Program and in traditional Civil
Litigation. The VIA has extensive experience and considerable success in
both arenas and collectively has helped thousands of injured individuals in
all types of litigation. Currently the VIA represents hundreds of adults
and children from across the country who are seeking compensation for a wide
variety of vaccine related injuries.
The VIA consists of the Williams Bailey Law Firm, L.L.P. of
Houston, Texas; Shoemaker &Associates of Vienna, Virginia; Conway, Homer &
Chin-Caplan of Boston, Massachusetts; and Hitt
Patterson Sell of
Houston, Texas. Each firm brings unique experience to the group in the
field of Vaccine Injury Law. The alliance is headed by Williams Bailey, one
of Texas' leading plaintiff's personal injury firm. They have recovered
hundreds of millions of dollars for their clients. The firms Shoemaker &
Associates and Conway, Homer &Chin-Caplan have both been involved in
Vaccine Litigation even before the inception of the NVICP in the mid-1980's.
Collectively, they have over 50 years of extensive experience handling cases
involving vaccine-related injuries. Jeff Sell, an attorney with the
alliance, is also the father of twin boys with autism and is involved with
several autism organizations.
For more information on the Vaccine Injury Alliance, the NVICP,
and to view a copy of Judge Kent's order, please visit the VIA website at
<
http://www.vaccineinjury.org/>; www.vaccineinjury.org or call
1-888-709-6674.
