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Vaccine Supply and Innovation (1985) / Chapter Skim
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Appendix F: Proposed Vaccine-Injury Compensation Systems
Pages 183-191

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From page 183...
... proposal for a National Pediatric Vaccine-Injury Compensation Act, 1984;3 a 1983 proposal by the American Academy of Pediatrics;4 the proposed Vaccine-Injury Compensation Act of 1983, introduced in the Senate by Lloyd Bentsen;5 model state legislation proposed by the AMA in 1980;6 and al plan to create a Federal Immunization Insurance Corporation. Because the first two proposals were made public just prior to the printing of this report, time was not available for comprehensive analysis.
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From page 184...
... The materials should include information regarding the symptoms and reactions to vaccines that should be reported to physicians, precautionary measures that should be taken to reduce the risk of adverse reactions, when and how and to whom parents can report any major adverse reactions; and a summary of relevant state and federal vaccination laws, including information about the availability of the National Vaccine-Injury Compensation Program. Other Major Points The proposed legislation contains several other major points: 1.
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From page 185...
... Revisions Major differences between the new bill and S 2117 include: the nature of the vaccine injury table; the timing of the election of remedies; the treatment of the statutory duty to warn; the institution of a reinsurance provision; the setting of a deadline for the compensation decision; the range of permissible items for compensation; the authority for citizen suits; the mandate for a review of manufacturers' warnings; the authority to fund facilities for the adult multiply handicapped; the procedures for reporting of adverse reactions; the provisions for recordkeeping and reporting of test results by manufacturers; and the authority of the Food and Drug Administration to recall vaccines and other biologics when warranted.
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From page 186...
... Claimants who rejected hearing panel decisions could file civil actions for damages, but they would have to meet the standards of liability and proof set by otherwise applicable state or federal laws. The hearing panelts decision would be admissible in evidence.
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From page 187...
... reasonable expenses incurred or likely to be incurred for medically necessary products, services, and accommodations reasonably needed for medical care, training, and other remedial treatment and care of an injured individual, including expenses for a procedure or treatment for rehabilitation and rehabilitative occupational training if the procedure, treatment, or training is reasonable and appropriate for the particular case, the expenses are reasonable in relation to the probable rehabilitative effects and the compensation benefits otherwise payable, and it is likely to contribute substantially to rehabilitation, even though it will not enhance the injured individual's earning capacity; b. economic loss to persons eligible .
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From page 188...
... This appeal must be filed within 60 days of the Secretary's ruling and the Secretary must be notified of such action. A PROPOSAL BY THE AMERICAN ACADEMY OF PEDIATRICS Need for Legislation to Establish a Federal Compensation Program for Vaccine-Related Injuries in Childhood Immunization Programs The proposed legislation, which was never enacted, suggested creation of a national program to compensate for injuries from vaccines used in state or federal childhood immunization programs.
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From page 189...
... PROPOSED VACCINE-INJURY COMPENSATION ACT OF 1983 This proposed legislation, which was never enacted, would have required that the President of the United States design a government vaccine-injury program to compensate victims seriously injured by government-coordinated or government-sponsored vaccination programs. The program would have ensured that victims of episodic or mandated childhood vaccination programs would receive compensation.
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From page 190...
... PROPOSED FEDERAL IMMUNI ZATION INSURANCE CORPORATION Prepared by Hans H Neumann, M.D., and endorsed by the Connecticut Public Health Association in 1977, this proposal was intended to create a Federal Immunization Insurance Corporation that would have provided funds to compensate persons who suffered permanent injuries from mandatory or recommended immunizations.
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From page 191...
... 1983. Need for Legislation to Establish a Federal Compensation Program for Vaccine-Related Injuries in Childhood Immunization Programs.
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Key Terms

  • adverse reactions
  • adverse reaction
  • compensation program
  • hearing panel
  • national childhood

  • insurance corporation
  • vaccination programs
  • trust fund
  • vaccine injury
  • immunization insurance

  • proposed legislation
  • severe adverse
  • childhood immunization
  • compensation trust
  • major adverse

  • state legislation
  • immunization programs
  • hearing panels
  • federal immunization
  • model state

  • care provider
  • childhood vaccination
  • compensation committee
  • injury compensation
  • recommend changes

  • permanent adverse
  • mandated childhood
  • special education
  • panel decisions
  • injury table


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