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Vaccines

Health Hippo: Vaccines

Health Hippo: Vaccines

US CODE || CFR || CASES || REPORTS || CONGRESSIONAL RECORD || BILLS || FEDERAL REGISTER

Natural forces within us are the true healers of disease.

A vaccine typically contains an agent that resembles a disease-causing microorganism, and is often made from weakened or killed forms of the microbe, its toxins or one of its surface proteins. The agent stimulates the body’s immune system to recognize the agent as foreign, destroy it, and “remember” it, so that the immune system can more easily recognize and destroy any of these microorganisms that it later encounters.

The National Vaccine Injury Compensation Program created a no-fault compensation program for those injured by childhood vaccines. By providing a standardized method to compensate injured persons, the Act attempts to balance vaccine safety and availability. It is funded by an excise tax on vaccines. It was followed by the Smallpox and Countermeasures injury compensation programs, the latter of which provides for people injured as a result of government countermeasures to pandemics or biological attacks.


U.S. Code


Code of Federal Regulations

  • 42 CFR PART 100 VACCINE INJURY COMPENSATION (100.1 – 100.3)
  • 42 CFR PART 102 SMALLPOX COMPENSATION PROGRAM (102.1 – 102.92)
    • SUBPART A General Provisions (102.1 – 102.3)
    • SUBPART B Persons Eligible To Receive Benefits (102.10 – 102.11)
    • SUBPART C Covered Injuries (102.20 – 102.22-102.29)
    • SUBPART D Available Benefits (102.30 – 102.33)
    • SUBPART E Procedures for Filing Request Packages (102.40 – 102.46)
  • SUBPART F Required Documentation To Be Deemed Eligible (102.50 – 102.54)
  • SUBPART G Required Documentation for Eligible Requesters To Receive Benefits (102.60 – 102.63)
  • SUBPART H Secretarial Determinations (102.70 – 102.74)
  • SUBPART I Calculation and Payment of Benefits (102.80 – 102.84)
  • SUBPART J Reconsideration of the Secretary’s Determinations (102.90 – 102.92)
  • 42 CFR PART 110 COUNTERMEASURES INJURY COMPENSATION PROGRAM (110.1 – 110.100)
    • SUBPART A General Provisions (110.1 – 110.3)
    • SUBPART B Persons Eligible To Receive Benefits (110.10 – 110.11)
    • SUBPART C Covered Injuries (110.20 – 110.20)
    • SUBPART D Available Benefits (110.30 – 110.33)
    • SUBPART E Procedures for Filing Request Packages (110.40 – 110.46)
  • SUBPART F Documentation Required for the Secretary To Determine Eligibility (110.50 – 110.53)
  • SUBPART G Documentation Required for the Secretary To Determine Program Benefits (110.60 – 110.63)
  • SUBPART H Secretarial Determinations (110.70 – 110.74)
  • SUBPART I Calculation and Payment of Benefits (110.80 – 110.84)
  • SUBPART J Reconsideration of the Secretary’s Determinations (110.90 – 110.92)
  • SUBPART K Covered Countermeasures Injury Tables (110.100 – 110.100)

  • Cases

    • Vaccine Claims: Special Masters Vaccine rules, guidance for practitioners, sample filings, fast track procedures.
      • Opinions/Orders Reported and unreported opinions.
      • Omnibus Autism Proceeding Test case decision and background information.
      • Salmins v. HHS (2014)(petitioner provided preponderant evidence that her human papillomavirus vaccine (HPV/Gardasil) caused her Guillain-Barré syndrome)
    • Althen v. Secretary of Health and Human Servs. (Fed. Cir., July 29, 2005) (clarifies the standard for proving causation when an injury is not listed in the Vaccine Injury Table)
    • Salceda v. Secretary of Health and Human Servs. (Fed. Cir., November 28, 1995) (claimant who suffered vaccine-related injury before November 15, 1988, and filed civil action deemed ineligible to file a petition under the Vaccine Act)
    • Shalala v. Whitecotton (U.S., April 18, 1995) (claimant who experienced symptoms of injury after receiving vaccination does not make out prima facie case for compensation under Vaccine Injury Act when evidence fails to indicate no symptoms of injury prior to vaccination)
    • Gottsdanker v. Cutter Laboratories (Cal. 1960)(the essence of plaintiffs’ claim is not that the vaccine failed to prevent polio, but that it actually and directly caused it)
    • Jacobson v. Massachusetts 197 U.S. 11 (1905)(very old opinion ordering compulsory smallpox vaccination)


    Reports


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