Monday, February 1, 2010
Vaccine Injury
Anyone who believes that their child and or love one suffering from a vaccine injury check out my child's NBC New story " www.littlebentrust.com "Vaccines used in children causing brain damage" by Benjamin Zeller (Father) www.littlebentrust.com is a non-profit organization dedicated to giving health vaccine information and preventing vaccine injuries and deaths.
How To File Claim with Vaccine Injury Compensation Program (VICP)
First, a claim must be filed by or on the behalf of the individual thought to be injured by a vaccine covered by the VICP. A claim is started by filing a legal document called a petition that is prepared by you or your lawyer to request compensation under the VICP. Anyone who files a claim is called a petitioner.
•who was injured by the vaccine;
•which vaccine caused the injury;
•when the vaccine was given;
•the city and State or country where the vaccine was given;
•the type of injury;
•when the first symptom of the injury appeared; and
•how long the effects of the injury lasted.
Your claim should also include your medical records and/or other appropriate documents, the Court’s cover sheet, and the $250.00 filing fee. If you are unable to pay this fee, call (202) 357-6400 for assistance. The original claim and two copies plus a $250.00 filing fee should be sent to:
Clerk
U.S. Court of Federal Claims
717 Madison Place, N.W.
Washington, DC 20005
Medical Records and Other Documentation
You must include certain medical records and/or other appropriate documents with the claim. If some medical records are unavailable, you must identify those records and explain why they are unavailable. The medical review and processing of the claim may be delayed if you do not include the appropriate medical records and other documents with the claim.
In order to ensure that your claim is processed in a timely manner, the VICP suggests that you include the following medical records and other documents when filing your claim with the Court and the Secretary of Health and Human Services, c/o Director, Division of Vaccine Injury Compensation.
TYPES OF MEDICAL RECORDS
1.Prenatal and Birth Records
◦Mother’s prenatal record
◦Delivery record
◦Birth certificate
◦Newborn hospital record including providers’ notes, and radiology/lab results
◦Any hospitalization face sheet with final diagnosis
2.Medical Records Prior to Vaccination
◦Clinic notes (such as Well Baby visits)
◦Private doctor visits
◦Growth charts/lab/radiology results
◦Consultation reports and evaluations
◦Developmental charts
3.Vaccination Record (if available)
◦Lot number
◦Manufacturer
4.Post-Injury Hospital/Emergency Treatment Records
◦Admission/discharge summaries
◦History and physical records
◦Progress notes (including doctors’/nurses’ notes)
◦Medication records
◦Lab/radiology/EEG results
◦Flow sheets (respiratory care/treatment)
◦Consultation reports and evaluations
5.Post-Injury Outpatient Records ◦History and physical records
◦Progress notes (including doctors’/nurses’ notes)
◦Medication records
◦Lab/radiology/EEG results
◦Clinic notes
◦All evaluations
6.Vaccine Adverse Event Reporting System (VAERS) form (if submitted)7.Long Term Records (that apply to your injury)
◦School records
◦Consultation reports and evaluations
◦Educational testing records
◦Psychological testing records
◦Police/ambulance records
8.Death Records (if applicable)
◦Death Certificate
◦Autopsy report (if done)
◦Autopsy slides
*Note: Number 1 may be omitted if the injured person is an adult.
Filing a Claim Outside the VICP
Most of the time, you must first file and have your claim processed with the VICP before a civil lawsuit can be filed against the vaccine company or the person who gave the vaccine. If you would like to file a civil lawsuit outside of the VICP, contact a lawyer for advice.
To File a Vaccine Injury Claim
•Contact:
Beverly Vesel
•Telephone: (954) 771-6210;
The process for filing a claim is:
1.the petitioner or petitioner’s lawyer sends one original and two copies of the claim along with the medical records, other appropriate documents and a $250 filing fee to the Court;
2.the petitioner or petitioner’s lawyer sends one copy of the claim including the medical records and other appropriate documents to the Secretary of Health and Human Services, c/o Director, Division of Vaccine Injury Compensation;
3.the Court sends one copy of the claim and medical records to the DOJ;
4.HHS reviews the medical information in the claim and this review is sent to the DOJ lawyer who represents the Secretary of Health and Human Services;
5.the DOJ lawyer reviews the legal aspects of the claim and writes a report;
6.the HHS and DOJ reviews are combined into one report that is sent to the Court and petitioner or petitioner’s lawyer;
7.the DOJ and petitioner or petitioner’s lawyer take legal action to resolve the claim;
8.a “special master” (a lawyer appointed by the judges of the Court) decides if the claim will be paid and how much will be paid for the claim;
9.if the special master decides to pay the claim, the petitioner must make a decision to accept or reject the special master’s decision in writing; and
10.the special master’s decision may be appealed to a judge of the Court by the petitioner or HHS, then to the U.S.. Court of Appeals for the Federal Circuit, and finally, to the U.S. Supreme Court.
Reasons for Compensation
To be paid, you must prove that:
•the injured person received a vaccine listed on the Vaccine Injury Table (Table); and
•the first symptom of the injury/condition on the Table as defined in the Qualifications and Aids to Interpretation (Aids) occurred within the time period listed on the Table; or
•the vaccine caused the injury; or
•the vaccine caused an existing illness to get worse (significantly aggravated).
In addition, the Court must determine that the injury or death did not result from any other possible causes.
Types of Payments Awarded
For an injury, you may be paid:
•a reasonable amount for past and future nonreimbursable medical, custodial care, and rehabilitation costs, and related expenses (There is no limit on the amount a person with an injury may be paid for these types of expenses. Payments are based on your vaccine injury needs.);
•up to $250,000 for actual and projected pain and suffering;
•lost earnings; and/or
•reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith.
For a death, you may be paid:
•up to $250,000 as a Death Benefit for the estate of the deceased; and
•reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith
First, a claim must be filed by or on the behalf of the individual thought to be injured by a vaccine covered by the VICP. A claim is started by filing a legal document called a petition that is prepared by you or your lawyer to request compensation under the VICP. Anyone who files a claim is called a petitioner.
•who was injured by the vaccine;
•which vaccine caused the injury;
•when the vaccine was given;
•the city and State or country where the vaccine was given;
•the type of injury;
•when the first symptom of the injury appeared; and
•how long the effects of the injury lasted.
Your claim should also include your medical records and/or other appropriate documents, the Court’s cover sheet, and the $250.00 filing fee. If you are unable to pay this fee, call (202) 357-6400 for assistance. The original claim and two copies plus a $250.00 filing fee should be sent to:
Clerk
U.S. Court of Federal Claims
717 Madison Place, N.W.
Washington, DC 20005
Medical Records and Other Documentation
You must include certain medical records and/or other appropriate documents with the claim. If some medical records are unavailable, you must identify those records and explain why they are unavailable. The medical review and processing of the claim may be delayed if you do not include the appropriate medical records and other documents with the claim.
In order to ensure that your claim is processed in a timely manner, the VICP suggests that you include the following medical records and other documents when filing your claim with the Court and the Secretary of Health and Human Services, c/o Director, Division of Vaccine Injury Compensation.
TYPES OF MEDICAL RECORDS
1.Prenatal and Birth Records
◦Mother’s prenatal record
◦Delivery record
◦Birth certificate
◦Newborn hospital record including providers’ notes, and radiology/lab results
◦Any hospitalization face sheet with final diagnosis
2.Medical Records Prior to Vaccination
◦Clinic notes (such as Well Baby visits)
◦Private doctor visits
◦Growth charts/lab/radiology results
◦Consultation reports and evaluations
◦Developmental charts
3.Vaccination Record (if available)
◦Lot number
◦Manufacturer
4.Post-Injury Hospital/Emergency Treatment Records
◦Admission/discharge summaries
◦History and physical records
◦Progress notes (including doctors’/nurses’ notes)
◦Medication records
◦Lab/radiology/EEG results
◦Flow sheets (respiratory care/treatment)
◦Consultation reports and evaluations
5.Post-Injury Outpatient Records ◦History and physical records
◦Progress notes (including doctors’/nurses’ notes)
◦Medication records
◦Lab/radiology/EEG results
◦Clinic notes
◦All evaluations
6.Vaccine Adverse Event Reporting System (VAERS) form (if submitted)7.Long Term Records (that apply to your injury)
◦School records
◦Consultation reports and evaluations
◦Educational testing records
◦Psychological testing records
◦Police/ambulance records
8.Death Records (if applicable)
◦Death Certificate
◦Autopsy report (if done)
◦Autopsy slides
*Note: Number 1 may be omitted if the injured person is an adult.
Filing a Claim Outside the VICP
Most of the time, you must first file and have your claim processed with the VICP before a civil lawsuit can be filed against the vaccine company or the person who gave the vaccine. If you would like to file a civil lawsuit outside of the VICP, contact a lawyer for advice.
To File a Vaccine Injury Claim
•Contact:
Beverly Vesel
•Telephone: (954) 771-6210;
The process for filing a claim is:
1.the petitioner or petitioner’s lawyer sends one original and two copies of the claim along with the medical records, other appropriate documents and a $250 filing fee to the Court;
2.the petitioner or petitioner’s lawyer sends one copy of the claim including the medical records and other appropriate documents to the Secretary of Health and Human Services, c/o Director, Division of Vaccine Injury Compensation;
3.the Court sends one copy of the claim and medical records to the DOJ;
4.HHS reviews the medical information in the claim and this review is sent to the DOJ lawyer who represents the Secretary of Health and Human Services;
5.the DOJ lawyer reviews the legal aspects of the claim and writes a report;
6.the HHS and DOJ reviews are combined into one report that is sent to the Court and petitioner or petitioner’s lawyer;
7.the DOJ and petitioner or petitioner’s lawyer take legal action to resolve the claim;
8.a “special master” (a lawyer appointed by the judges of the Court) decides if the claim will be paid and how much will be paid for the claim;
9.if the special master decides to pay the claim, the petitioner must make a decision to accept or reject the special master’s decision in writing; and
10.the special master’s decision may be appealed to a judge of the Court by the petitioner or HHS, then to the U.S.. Court of Appeals for the Federal Circuit, and finally, to the U.S. Supreme Court.
Reasons for Compensation
To be paid, you must prove that:
•the injured person received a vaccine listed on the Vaccine Injury Table (Table); and
•the first symptom of the injury/condition on the Table as defined in the Qualifications and Aids to Interpretation (Aids) occurred within the time period listed on the Table; or
•the vaccine caused the injury; or
•the vaccine caused an existing illness to get worse (significantly aggravated).
In addition, the Court must determine that the injury or death did not result from any other possible causes.
Types of Payments Awarded
For an injury, you may be paid:
•a reasonable amount for past and future nonreimbursable medical, custodial care, and rehabilitation costs, and related expenses (There is no limit on the amount a person with an injury may be paid for these types of expenses. Payments are based on your vaccine injury needs.);
•up to $250,000 for actual and projected pain and suffering;
•lost earnings; and/or
•reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith.
For a death, you may be paid:
•up to $250,000 as a Death Benefit for the estate of the deceased; and
•reasonable lawyers’ fees and other legal costs or legal costs, not fees, of petitioners representing themselves, if your claim was filed on a reasonable basis and in good faith
Wednesday, June 3, 2009
Vaccine Injury- Warning to all people!
Why not too Vaccinate?
Dear Parents, Family and Friends,
Please watch our story about *Vaccine in children causing Brain Damage* Warning to all parents. NBC news story with Benjamin Zeller and Lil Benjamin. American's must be aware how to measure adverse reactions to vaccines. We are dedicated to provide measures and evidence for people to make the right choice. We the people must spread the truth about vaccinations causing impaired blood flow in the brain resulting in brain damage. We must stand up and protect our infants, children’s and adults in America and abroad. Educate before you vaccinate. Once our nation recognizes the problem only then we will bring the solution.
Please email news story to family and friends.
www.LittleBenTrust.com
With Honors,
Benjamin Zeller
*Warning to all Parents*
Vaccines in children causing brain damage.
Click on link below to watch video.
http://www.wptv.com/news/local/story/MMR-vaccinations-being-brought-to-court/fKRqinuFqEa98NV35OvLKA.cspx
BOCA RATON, FL -- Boca Raton father, Ben Zeller, says his son, Ben, Jr., was a normal 11-month-old when he received the Measles, Mump and Rubella shot in November of 2004.
Within days, he had a complete febral seizure.
"This was a reaction to the MMR shot, there is no doubt in my mind," Zeller said.
Zeller was one of the first to prove his case in the Federal Vaccine Court. Last July, the court ruled his son would not have experienced the seizure if it weren't for the MMR vaccine.
"We have thousands of cases and we can show all vaccines are causing the exact same problem," said Dr. Andrew Moulden, a Canadian physician gathering evidence to support a class action lawsuit.
Moulden is spending the next week in South Florida interviewing families like the Zeller's.
"To stop this from going on, we have to go to the courts," Moulden said. "They won't stop doing this until we hold them fiscally responsible."
Moulden has gathered more than five thousand images of children's faces taken before and after the MMR vaccine to help prove his case.
The photos highlight children's eyes turning in and out as well as the corner of their mouth dropping.
"These are classic signs of a stroke and clearly a direct result of vaccines," Moulden said.
Still, many doctors and Health Departments say shots are not only safe but needed.
"It prevents death and disability from 14 childhood diseases so it is very important to give vaccines to keep kids healthy," said Deborah Hogan with the Florida Department of Health.
Moulden disagrees and says the proof is in the pictures.
"It's time for them to listen," he said.
Dr. Moulden is asking all families who believe their child may have had an adverse reaction to the vaccine to send him pictures before and after.
You can click on the newslinks tab on the WPTV homepage for the link to Dr. Moulden's site.
Dear Parents, Family and Friends,
Please watch our story about *Vaccine in children causing Brain Damage* Warning to all parents. NBC news story with Benjamin Zeller and Lil Benjamin. American's must be aware how to measure adverse reactions to vaccines. We are dedicated to provide measures and evidence for people to make the right choice. We the people must spread the truth about vaccinations causing impaired blood flow in the brain resulting in brain damage. We must stand up and protect our infants, children’s and adults in America and abroad. Educate before you vaccinate. Once our nation recognizes the problem only then we will bring the solution.
Please email news story to family and friends.
www.LittleBenTrust.com
With Honors,
Benjamin Zeller
*Warning to all Parents*
Vaccines in children causing brain damage.
Click on link below to watch video.
http://www.wptv.com/news/local/story/MMR-vaccinations-being-brought-to-court/fKRqinuFqEa98NV35OvLKA.cspx
BOCA RATON, FL -- Boca Raton father, Ben Zeller, says his son, Ben, Jr., was a normal 11-month-old when he received the Measles, Mump and Rubella shot in November of 2004.
Within days, he had a complete febral seizure.
"This was a reaction to the MMR shot, there is no doubt in my mind," Zeller said.
Zeller was one of the first to prove his case in the Federal Vaccine Court. Last July, the court ruled his son would not have experienced the seizure if it weren't for the MMR vaccine.
"We have thousands of cases and we can show all vaccines are causing the exact same problem," said Dr. Andrew Moulden, a Canadian physician gathering evidence to support a class action lawsuit.
Moulden is spending the next week in South Florida interviewing families like the Zeller's.
"To stop this from going on, we have to go to the courts," Moulden said. "They won't stop doing this until we hold them fiscally responsible."
Moulden has gathered more than five thousand images of children's faces taken before and after the MMR vaccine to help prove his case.
The photos highlight children's eyes turning in and out as well as the corner of their mouth dropping.
"These are classic signs of a stroke and clearly a direct result of vaccines," Moulden said.
Still, many doctors and Health Departments say shots are not only safe but needed.
"It prevents death and disability from 14 childhood diseases so it is very important to give vaccines to keep kids healthy," said Deborah Hogan with the Florida Department of Health.
Moulden disagrees and says the proof is in the pictures.
"It's time for them to listen," he said.
Dr. Moulden is asking all families who believe their child may have had an adverse reaction to the vaccine to send him pictures before and after.
You can click on the newslinks tab on the WPTV homepage for the link to Dr. Moulden's site.
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