[BEFORE I COMMENTED ON HER REMARKS ABOUT THE NVICP. THIS IS WHAT SHIRLEY SAID:]
"According to this you are damned if you do and damned if you don't.
The National Vaccine Compensation Program, as currently written, does not allow "autism" as one of the injuries that you can be compensated for. This means that you cannot file. Don't you just love our system.
Recently, they did add that you should file claims for mercury with them. But, until the "science" shows that mercury causes the injury...that won't do beans.
But, Senator Burton has sponsored a reform to the National Vaccine Compensation Program that will likely include autism. There is still a statute of limitation. (talk about "making up the rules as you go along", huh?)
But, that is just one of many federal judges. He didn't set a new precedent. But, I've been trying to follow Lyn Redwood's case. She is in a different state. She is suing 6 to 10 companies for mercury toxicity leading to her son's autism. I think I read that she has a science background. She and Sallie Bernard wrote that long paper that shows the autism characteristics right next to the identical mercury poisoning symptom. (pages and pages, showing they are the same) I've got my money on her. So if you are sueing, take heart. It's not over until it is over. She is involved with the Burton/autism/vaccine hearings, as well. Shirley"
NOW I TOOK THIS POST TO JEFF SELL, JR'S VACCINE ATTORNEY. SOME OF YOU MAY KNOW JEFF OR KNOW OF JEFF AS BEING A MEMBER OF THE LEAD COUNSEL TEAM THAT FORMED THE VACCINE ALLIANCE. THE ALLIANCE'S MAIN OBJECT IS TO EDUCATE CAREGIVERS (THAT INCLUDES TEACHERS/PARENTS AND DOCTORS) THAT THERE IS IN FACT THE NVICP AND IT DOES (THOUGH VERY LIMITED) PROVIDE SOME SORT OF LEGAL RECOURSE. DEB]
From Jeff Sell:
"Deb:
Hope this helps.
First, the NVICP has been dealing with "autism cases" since at least 1996--see Cliff Shoemaker's site (link is on my website). He has an order on an autism case from 1996. So, the NVICP sure does recognize "autism cases". It always has. I don't know where that information came from, but I would love to know where the young lady heard that.
Second, Chairman Burton is a US Representative--House member-- from Indiana, not a "Senator", although he would appreciate a promotion over to the other chamber I bet! Also, HR 3741 has nothing to do ith "including autism". Here is a re-post of my explanation of HR 3741:
*******************************************************
The National Vaccine Injury Compensation Program Improvement Act of 2002 (H.R. 3741) is bipartisan legislation that builds on a set of recommendations to improve the program put forward by the Advisory Committee on Childhood Vaccines. The bill would:
·Extend the statute of limitations for seeking compensation from three years to six years.
·Provide a one-time, two-year period for families to file a petition if they were previously excluded from doing so because they missed the statute of limitations. (Only for vaccine injuries incurred after 1988.)
·Increase the level of compensation to a family after a vaccine-related death from $250,000 to $300,000. The death benefit has remained unchanged since 1986.
.Allow families of vaccine-injured children to be compensated for the costs of family counseling and creating and maintaining a guardianship to administer the funds.
·Allow for the payment of interim attorneys fees and legal costs during the sometimes lengthy adjudication process.
Please support families of vaccine-injured children by cosponsoring HR 3741 today.
*******************************************************
Sally, Lynn and I all know each other very well. The Texas case does set some damning precedence, but it was anticipated since that group of lawyers simply ignored the NVICP in order to save costs. The judge--Judge Kent, was merely reciting the law as it is written. We need an act of Congress to change that--HR 3741!!!!! Other cases filed are set for dismissal as well. The cases that have named non-vaccine manufactures as defendant will survive, but only against a few defendants such as Eli Lilly, Sigma Aldridge and a few power companies, since they are not subject to the NVICP--they are not vaccine manufacturers or administrators. Frankly, I want the Vaccine manufactures in Court--that is what we will continue to do. I have no interest in being the first to a jury if it means taking shortcuts and losing--I owe my clients more than that. I'm interested in representing my clients to the best of my abilities and winning, even if that means we need to spend an additional 1.8 million in getting cases through the NVICP.
The Press Release doesn't say it's over, just to talk to a lawyer and ask the right questions--What are they doing about the mandatory NVICP? People need to understand this. We have been asked to work on the appeals, but I don't like trying to clean up someone's unnecessary mess, when it should have been handle more appropriately from the beginning. My best.
Peacefully,
Jeff Sell
Hitt
Patterson Sell
4309 Yoakum Blvd.
Suite 2000
Houston, TX 77006
713.654.7776
713.654.7789 (fax)
www.HittPattersonSell.com
JZSell@HittPattersonSell.com (office)
jzsell@pdq.net (home)
832.731.3145 (cell/v-mail)
www.vaccineinjury.org
Now onto my comments of class action suits. I made this point several times at my own group and will say it again here. Class action lawsuits do several things:
1. They revictimize the victims
2. They make attorney's rich
These 2 facts alone should be enough to make anyone seek private law suit status as we have done with our son's case. IF you are involved with a class action call Jeff Sell and talk to the man. If you don't then well as the bible says you reap what you sow. Best of luck to you all in whatever you decide to do. Just remember for now there is only a 3 year window of oppertunity from the date of ACTUAL damage not SUSPECTED damage.
Shirley I would like to comment on your words: "But, until the "science" shows that mercury causes the injury...that won't do beans."
I don't believe that to be necessarily true. A few of these cases will end up in front a jury (I hope and pray JR's is one of them). A CIVIL jury where it's members can award damages. The diffrence between civil and criminal court is in criminal court you need to convince the jury beyond "resonable doubt" that the defendant is guilty and only use evidence that is established. In civil court the rules are much broader. You can introduce evidence that isn't established yet but is suspected. You need to convince a jury that the defendant knowingly and with for thought injured the plantiff somehow. There are enough report floating around the internet now to establish this already. Basically a jury can consist of any demographics in regards to age/race/economic status. Anyone who has thought of even becoming a parent will side with these victims. Then add those that are already parents and grandparents and you see the situation is far diffrent in civil proccedings than they are in criminal. Rememeber the OJ Simpson trials? Criminal he got off...Civil he got taken to the cleaners....and rightly so in my opinion.
Be At Peace,
Deborah Delp
Mommy to Samantha (NT) and Jr (ASD)
"What we do with our lives depends on our
motivation to do something with our lives."
D.A.Delp
"The Most Dangerous Place on Earth is
Between a Parent and Child"
Homepage:
http://the_delps.tripod.com/
Group:
http://groups.yahoo.com/group/autism_and_vaccinations
