NPR Reports On Vaccine Court

The Office of Special Masters of the United States Court of Federal Claims, or as it is commonly referred to as the “Vaccine Court”, has been in the news recently. This little-known Court handles all vaccine-related injury claims in the United States. Created in 1986, the Court is tasked with finding if an injury is related to a vaccine, and then determining the amount of compensation.

The process was intended to be more non-adversarial than our traditional civil courts, but in practice, it mirrors our civil courts more than it should. A petitioner’s burden of proof is a ‘preponderance of the evidence’ standard- meaning it is more likely than not that the vaccine caused the claimed injury. Getting a medical professional to testify to this is often difficult.

NPR this month published two pieces on the Court and the hardships faced for those who are not afforded justice. Receiving just compensation for injuries is a steep mountain to climb for those who are injured.

To read the articles, click here and here.

Booth Samuels is admitted to practice in the Federal Claims Court where he handles vaccine-related injury cases. If you or a loved one were injured by a vaccine, please contact him for a case evaluation toll-free at 1-866-515-8880, or by email at booths@pittmandutton.com. 

Claims Against Taishan Continuing

This week, Judge Fallon heard arguments for and against certifying a class for damages against one of the Chinese manufacturers of corrosive drywall. The manufacturer is Taishan, a Chinese company believed to be mostly owned by the Chinese government. Recovering from Chinese companies has been extremely difficult for American consumers.

Litigation has been ongoing over the last six years, and Taishan has for the most part been an absentee party. Unlike homes with Knauf-manufactured drywall, where Knauf paid to remediate, homes containing Taishan drywall have been unremediated-unless the homeowner paid out of pocket for the repairs.

For more on the story, click here.