[Congressional Record Volume 146, Number 117 (Wednesday, September 27, 2000)]
[Extensions of Remarks]
[Page E1606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE VACCINE INJURY COMPENSATION PROGRAM CORRECTIVE 
                           AMENDMENTS OF 2000

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                            HON. DAVE WELDON

                               of florida

                    in the house of representatives

                     Wednesday, September 27, 2000

  Mr. WELDON of Florida. Mr. Speaker, today I am introducing the 
Vaccine Injury Compensation Program Corrective Amendments of 2000 
(NVICPCA). Over the past year, the Vaccine Injury Compensation Program 
(VICP) has been subject to several congressional hearings. I have met 
on several occasions with parents, doctors, and attorneys who have been 
involved in the current program seeking compensation for injuries that 
resulted from vaccines.
  Vaccine injuries are, thankfully, very rare. However, some children 
have adverse reactions to vaccines. In a small number of cases these 
are very debilitating reactions. I am a strong proponent of 
vaccinations. It is important that children be vaccinated against 
otherwise devastating diseases. Widespread vaccination has and will 
continue to spare our nation from the scourge of disease. Our nation 
benefits from widespread vaccination. Those of us who are healthy are 
the beneficiaries of national vaccination efforts. As such, I believe 
very strongly that we as a nation have an obligation to meet the needs 
of those children who suffer adverse reactions.
  I also believe that our federal public health officials should do 
more to ensure that we are doing all that we can to reduce the number 
of children who do have adverse reactions. I will continue to 
aggressively pursue this effort with the leaders of the Centers for 
Disease Control (CDC) and the National Institutes of Health (NIH).
  I was pleased when the Congress and President Reagan established the 
VICP back in the 1980s. This program was established to ensure that our 
nation continues to have a strong vaccination program while 
compensating those families where a child suffers a serious adverse 
reaction. When this program was approved, there was a real concern that 
due to lawsuits brought against vaccine manufacturers, some 
manufacturers would stop making their vaccines available leaving the 
American public without important vaccines.
  The Vaccine Injury Compensation Program Corrective Amendments of 2000 
would make a number of substantive and administrative changes to the 
VICP, in an attempt to restore this program to the user friendly, non-
adversarial, remedial, compensation program that it should be and was 
intended to be. The bill amends the VICP provisions in the Public 
Health Service Act (PHS Act).
  The bill clarifies that this program is to be a remedial, 
compensation program, which is consistent with the original intent 
expressed by Congress in the House Report accompanying the National 
Childhood Vaccine Injury Act of 1986. The program has become too 
litigious and adversarial in the eyes of many.
  The bill also makes changes to the provisions relating to the burden 
of proof. Currently, the burden of proof is so high on the claimants 
that some children may not be receiving compensation that is due them. 
The intent of this program is to provide compensation for all claimants 
whose injuries may very well have been caused by the vaccine. Strict 
scientific proof is not always available. Serious side effects of 
vaccines are rare, and it is often difficult to prove causal 
relationships with the certainty that science and medicine often 
expect. Indeed there may be multiple factors that lead to an adverse 
reaction in some children and the program should recognize this. My 
bill will ensure that this is taken into account.
  This bill will also make it easier to ensure that the costs 
associated with setting up a trust for the compensation award are 
permitted. This is important to ensure that these funds are available 
to provide a lifetime of care for this child. The bill also stops the 
practice of discounting to ensure that the value of an award for pain 
and suffering is fully met.
  Often, the families of these children need counseling in order to 
help them deal with and care for a profoundly injured child and 
siblings. The impact of these injuries go well beyond the child who is 
injured. This bill will ensure that these expenses are covered.
  The bill also ensures the payment of interim fees and costs. Under 
the current program, families and attorneys are often forced to bear 
these expenses for years while the claim is heard. Attorneys for the 
claimants are going to be paid for their fees and costs at the end of a 
claim, regardless of whether or not they prevail. Thus there is no 
logical reason why they should not be allowed to petition for interim 
fees and costs. This provision simply ensures a more fair process for 
the claimants, by ensuring that the injured child can have good 
representation while pursuing his or her claim. The current practice 
may hinder the ability of claimants to put their best case forward. 
This should not be the case in a program that was established to ensure 
provision for those children who have been injured.
  Finally, the bill makes a number of changes to statutes of 
limitation. The program should serve the purpose of compensating those 
who were harmed. Thus, it is important to ensure that it is as 
inclusive as possible to ensure that injured parties are compensated.

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