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28 Pace Envtl. L. Rev. 480 (2010-2011)
Unanswered Questions from the Vaccine Injury Compensation Program: A Review of Compensated Cases of Vaccine-Induced Brain Injury

handle is hein.journals/penv28 and id is 484 raw text is: ARTICLE

UNANSWERED QUESTIONS FROM THE
VACCINE INJURY COMPENSATION
PROGRAM:
A Review of Compensated Cases of Vaccine-
Induced Brain Injury
MARY HOLLAND, LOUIS CONTE, AND ROBERT KRAKOW*
INTRODUCTION
Is the Vaccine Injury Compensation Program (VICP) of
the U.S. Court of Federal Claims a fair forum? This is not a
trivial question as it is the only forum in which parents may
bring claims for vaccine injury to their children. Under the 1986
National Childhood Vaccine Injury Act (1986 Law), Congress
created an administrative forum that it meant to ensure simple
justice for children; it gave the VICP original jurisdiction for all
vaccine injury claims.' Because almost all U.S. children must
* Mary Holland, Research Scholar and Director of the Graduate Legal Skills
Program, NYU School of Law; Louis Conte, independent investigator; and
Robert Krakow, attorney in private practice. Pace Law School provided
significant research support for this study.  The authors thank former
Environmental Law Dean Alexandra Dunn and law students Jillian Petrera,
Kyle Caffrey, Sohad Jamal, Alison Kaplan, Georgine Bells, Jonne Ronquillo,
Lisa Hatem, Allison Kazi and Adrienne Fortin. The authors also thank
volunteers who worked under the direction of Louis Conte. For purposes of
disclosure, Robert Krakow represents, clients and has a claim on behalf of a
family member in the Vaccine Injury Compensation Program.
1. National Childhood Vaccine Injury Act of 1986, 42 U.S.C. § 300aa-
11(2)(A) (2006). All individuals injured by a vaccine administered after the
date of enactment of the legislation are required to go through the compensation
program. H.R. REP. No. 99-908, at 3 (1986), reprinted in 1986 U.S.C.C.A.N.
6344, 6344. After filing in the program, petitioners may reject program
judgments or opt out of it to bring claims in state or federal court, but initial
claims over $1,000 in damages must be made in the VICP. Id. at 12.

480

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