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Appendix B: National Vaccine Injury Compensation Program
Pages 160-163

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From page 160...
... By removing most of the liability burden from manufacturers for immunizationrelated injuries, the program was expected to help stabilize the supply and price of vaccines (Mariner, 1991~. The NVICP was established as part of the 1986 National Childhood Vaccine Injury Act (Public Health Service Act, 1987; 100 Stat.
From page 161...
... FILING A CLAIM UNDER NVICP In the first step in the claims process, the petitioner files a petition with the U.S; Claims Court to demonstrate eligibility. A randomly assigned special master then reviews the petition, elicits a recommendation from the NVICP Office in the Department of Health and Human Services, and makes a determination regarding eligibility (all special masters are lawyers, almost always with no prior experience in vaccines)
From page 162...
... Compensation amounts are calculated by taking into account nonreimbursable medical and related expenses, lost earnings, and pain and suffering. In cases of death, a fixed sum of $250,000 is awarded.
From page 163...
... However, the court awarded compensation for 90 percent of those 57 petitions, rejecting most of the division's recommendations (Mariner, 1992~. The Department of Health and Human Services is developing proposed regulations to amend the table, based in part on the 1991 Institute of Medicine report entitiled Adverse Effects of Pertussis and Rubella Vaccines.

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