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To: MrShoop
There is no burden to show causation in the vaccine court.

Really, and you know this how? Be very specific, since you might be swapping posts with someone who knows much more about this topic than you, having witnessed a start to finish case FIRST HAND. Someone who knows that the system is heavily weighted against the plaintiff, ludicrously so.

Your argument style consists of assertions without facts - you really need to read a book or something or take a debate class. You're never too old to learn something.

23 posted on 05/11/2012 7:20:14 PM PDT by Liberty Tree Surgeon (Mow your own lawn!)
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To: Liberty Tree Surgeon
You compain about sources, while not posting a single one yourself? A little hypocritical?

See paragraph 5 of this article from the New England Journal of Medicine.. Don't get hung up on presence of the word causal, just note how they define it. Note that the standard is lower than for product liability, and all that is needed is to show that a symptom matches one of the listed side effects. That a vaccine court even exists is proof of a certain anti-vaccine hysteria... The vaccine court is only biased against plaintiff if the adverse effect isn't on the list of known effects, which is as it should be. It is biased toward the plaintiff if the claim is on the list because there is presumptive causation based on that correlation, which was my point.

To win a VICP award, the claimant does not need to prove everything that is required to hold a vaccine maker liable in a product liability lawsuit. But a causal connection must be shown. If medical records show that a child had one of several listed adverse effects within a short period after vaccination, the VICP presumes that it was caused by the vaccine (although the government can seek to prove otherwise). An advisory committee helps to amend the list of adverse effects as the consensus view changes with the availability of new studies. If families claim that a vaccine caused an adverse effect that is not on the list, the burden of proof rests with them. Autism is not on the list for any vaccine, and the VICP has rejected about 300 such claims outright.
source: http://www.nejm.org/doi/full/10.1056/NEJMp078168

To clear one thing up, are you part of the vaccine causes autism crowd or not? The vaccine court issue is a distraction to the bigger issue: the bogus claim that vaccines cause autism, which is scaring people away from having their children vaccinated...

25 posted on 05/12/2012 1:36:48 AM PDT by Wayne07
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