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Chapter 9

The government has paid over $4 billion to families whose children were injured by vaccines. Getting paid is difficult. The government is both the defendant and the judge.

How Much Has the Government Paid?

The Most Recent Data Report from the National Vaccine Injury Compensation Program Data Report (PDF – 246 KB) – updated September 1, 2020 states:

Updated monthly, and includes the number of: petitions filed, adjudications compensated and dismissed, awards paid by type and amount, claims by vaccine, and adjudication categories by vaccine.

$4,416,186,590.33

For Example:

The government paid money to Hanna Polling a young girl who got autism after vaccines

You can read about the case here

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS, HANNAH POLING, a minor by her Parents and Natural Guardians, Attorneys’ Fees and Costs; TERRY POLING AND JON POLING, Reasonable Amount Requested to which Respondent Does Not Petitioners, Object, No. 02-1466V, Special Master Campbell-Smith, SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

The government redacted the damages.  However, it was reported here

The government paid Ryan Mojabi. He got encephalitis and then autism after vaccination

You can read about the case here

In the United States Court of Federal Claims, OFFICE OF SPECIAL MASTERS, Filed: December 13, 2012, SAEID B. MOJABI and PARIVASH VAHABI, as parents and legal representatives of their minor son, No. 06-227V, RYAN B. MOJABI, Petitioners, Chief Special Master Campbell-Smith, Proffer on Award of SECRETARY OF HEALTH AND HUMAN SERVICES

The government paid Michael Bowes, Jr. He got Transverse Myelitis after vaccination

You can read about the case here

OFFICE OF SPECIAL MASTERS, No. 01-481V, (Filed: September 8, 2006) Michael L. Bowes, Jr., by MELONY  EISENHOWER, as the Parent and Natural Guardian, Vaccine Act Entitlement; Petitioner, Causation-in-Fact; Multiple Vaccines Causing v. Transverse Myelitis

SECRETARY OF HEALTH AND HUMAN SERVICES

The government paid $310,130 after Christina Tarsell was killed by the Gardasil vaccine

You can read about the case here

Tarsell v. Secretary of Health and Human Services, 10-251 (Fed. Cl. 2018), United States Court of Federal Claims, Summary of Opinion, PUBLIC DECISION (Originally filed: 2/26/2018) regarding DECISION on Remand Stipulation/Proffer. Signed by Special Master Christian J. Moran. 

Based upon the evidence of record, respondent proffers that petitioner, as legal representative of the estate of Christina Tarsell, should be awarded the following items of compensation, pursuant to 42 U.S.C. § 300aa-15(a):

  1.     $250,000.00 for Christina Tarsell’s vaccine-related death;
  2.     $60,000.00 for past pain and suffering for Christina Tarsell’s vaccine-related injury; and,
  3.     $130.00 for past unreimbursable expenses related to Christina Tarsell’s vaccine-related injury.

There are thousands of examples of healthy kids who got sick or died after vaccination

Currently, the only way for the public to access data about specific vaccine injuries is through VAERS. Established in 1990, the Vaccine Adverse Event Reporting System (VAERS) is a national early warning system to detect possible safety problems in U.S.-licensed vaccines. VAERS is co-managed by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA). 

Study Reports that VAERS is Missing 99% of All Vaccine Injuries

A study was conducted on the effectiveness of VAERS. It was funded by Agency for Healthcare Research and Quality which is part of U.S. Department of Health and Human Services. It found that “fewer than 1% of vaccine adverse events are reported.” (See page 6 of the report).  When the researchers found that only a tiny percentage (1%) of adverse events were reported, they suggested using electronic medical records to improve the system. The CDC wasn’t interested.  This is what the report said,

“[The] CDC contacts were no longer available and the CDC consultants responsible for receiving data were no longer responsive to our multiple requests to proceed with testing and evaluation.”

Getting Paid by the Government for a Vaccine Injury or Death is Not Easy

You can go to the United States Court of Federal Claims and read about some of the heart breaking decisions of injured children who were not compensated.  A Special Master who acts as the judge makes these decisions.  Remember that the government is also the defendant.  It’s one thing to know the judge when you are a defendant in a court proceeding, but, it’s even better when you are the judge as in these cases.  

Here are three stories reported by the Los Angeles Times about children who were injured or killed by vaccines. Their families had to fight for many years to receive justice.  The stories are summarized below.  The full article is available here. It’s worth reading.

Vaccine Injury Claims Face Grueling Fight By MYRON LEVIN, NOV. 29, 2004

VERONICA SPOHN

The parents of Veronica Spohn claimed that a DPT shot caused their infant daughter to suffer brain damage. But they lost in the United States Court of Federal Claims on a technicality: Their petition was filed a few hours late. Veronica’s mother, Karen Spohn, a nurse in Butler, Pa.

“I had a normal child, and all of a sudden in one day, within hours of the vaccine, she became a child with a disability who is going to need assistance for the rest of her life…They didn’t rule that she didn’t have damage. All they did was say, you filed 12 hours too late – too bad on you.”

DUSTIN BARTON

In the case of Dustin Barton, the government fought so long that the Albuquerque boy did not live to see the resolution of his claim….His mother, Lori Barton, filed the claim in November 1991. The case dragged on for years. Barton told friends and family that she suspected the government was waiting for Dustin to die – noting that it would be cheaper for the program to pay the death benefit of $250,000 than to buy an annuity to cover lifetime care. Dustin eventually did die of a seizure, nearly six years into the case, but the government continued to fight. Finally, in May 2000, 8 1/2 years after their petition was filed, the family won a ruling that Dustin’s injuries were vaccine-related.

RACHEL ZUHLKE

Rachel Zuhlke’s claim was filed in September 1992. The government blamed her brain injuries on complications from a strep infection she had about the same time she got her DPT shot. Her case moved at a crawl, getting repeatedly reassigned to different special masters (they act as judges in this “court”), and from one Justice Department lawyer to another, who repeatedly got extensions to complete filings in the case… In July 2001 [9 years later], Special Master George Hastings finally ruled that Rachel was entitled to compensation. Although relieved that the case is finally over, Zuhlke still struggles with grief over what happened to her child, now a young woman. Rachel’s life, she said, “is so different from what it should be at 20.”

Even knowing the long road ahead, over 14,000 petitions for vaccine caused injuries and deaths have been filed for compensation. Some have been successful, and others have not.

There is No Real Court.  The Rules for Evidence Gathering Are Thrown Out. No Independent Judge or Jury. The Government is Both the Defendant and the Judge

The vaccine court is part of the Federal Court of Claims.  However, it is administered by the Department of Health and Human Services.  Therefore, it is not an independent court and is not part of the judicial branch of government.

The National Childhood Vaccine Injury Act of 1986, as amended, created the National Vaccine Injury Compensation Program (VICP), a no-fault alternative to the traditional tort system… The Division of Injury Compensation Programs, Healthcare Systems Bureau, Health Resources and Services Administration, U.S. Department of Health and Human Services administers VICP.”

Which federal organizations have a role in the VICP and the “vaccine court”?  

According to the U.S. Department of Health and Human Services, the government is the defendant, hosts the program, reviews the compensation petitions, and decides whether to pay.  

The government is therefore the defendant, the judge, the jury and the host of the program all in one.  

  • “U.S. Department of Health and Human Services (HHS) hosts the Program, conducts medical reviews of petitions, and makes Court-ordered compensation payments;
  • “U.S. Department of Justice (DOJ) represents HHS in Court; and
  • “U.S. Court of Federal Claims (the Court) makes the final decision regarding whether a petition is compensated and the type and amount of compensation.”

In addition, the normal rules of evidence do not apply.

The Vaccine Act provides that rules of evidence do not apply… special masters are not bound by formal rules of evidence…”

  • From: United States Court of Federal Claims, “GUIDELINES FOR PRACTICE UNDER THE NATIONAL VACCINE INJURY COMPENSATION PROGRAM, Revised November 5, 2018”

How to Search VAERS

Below is an example of how to search VAERS if you are interested in seeing first hand case reports on the thousands of healthy kids who got sick or died after vaccination.  Remember, it’s only about 1% of the actual number. 

Go to this website: https://vaers.hhs.gov/data.html

Search CDC Wonder

Read the disclaimer and click on “I agree” button

Click on “VAERS Data Search”

If you just click on any of the “Send” buttons on the right you will get a list of all reports for all vaccines and all illnesses and all age groups.

This is just an example.  You can search with various criteria. In this example, we got over 682,000 reports.

Now, we are going to only ask for reports for children between the ages 0-5 years old.  

Do NOT press your back button.  It doesn’t work.  To go back you have to click on the tab “Request Form” that’s on the top left.

If you find section 4 you can click inside the Age box.  Press the Ctrl button and you can select more than one age group at a time.

For kids 0-5 years of age, we get almost 174,790 reports.

Now, if we want to see the number of deaths in this age group, click the “Request Form” tab again.  Then go to section 5 and select “Death.”

Click “Send” over on the right side.

This time we got 2,667 results.

You can see the details of individual cases.  But, first it is important to note two things about these cases:

  1. Just because it’s in the database does not mean the vaccine is the cause.  Cause requires investigation and except for the cases that go before the legal channels (i.e. The Vaccine Court or the Federal Court of Claims) almost none of these reports are followed-up by or investigated by the government or the vaccine maker.  The Global Vaccine Market Revenue is about $59.2 Billion in 2020. If healthy kids were there #1 priority you would think that vaccine makers would spend a fraction of their $59.2 billion investigating reports of kids who got injured or died after getting their products.  They don’t.  Why don’t they?
  2. As discussed above, these numbers may only represent 1% of the actual amount of cases. 

To read actual case reports go to section 1 and select “VAERS ID” in the first pull down menu and click “Send.”

The results appear in chronological order with the oldest reports on top.

You can click on the blue numbers on the left.  Each one is a case.  This report was selected randomly.  In the tables, note the date vaccinated and date died.

Remember there are a lot of different criteria you can use to search this database.  You can search by type of vaccine and how many days from vaccination to onset of disease.  Also keep in mind that adverse events may happen many months or years after vaccination (such as autoimmune diseases). These may not be captured at all.

If the CDC wanted a robust system that captured all reactions, side effects and diseases caused by vaccination they would have created one, but they didn’t.  Remember, an independent study funded by the government revealed how bad VAERS was at capturing data. The researchers suggested a much more comprehensive system using electronic medical records.  The CDC’s reaction?

“[The] CDC contacts were no longer available and the CDC consultants responsible for receiving data were no longer responsive to our multiple requests to proceed with testing and evaluation.”

Doesn’t that tell you something?