Mr. Speaker, I thank the gentleman for yielding me this time. First of all, I am for medical malpractice reform. I think it is extremely important we address this issue. However, I have a real problem with this bill. In section 7, item…
Mr. Speaker, I thank the gentleman for yielding me this time.
First of all, I am for medical malpractice reform. I think it is extremely important we address this issue. However, I have a real problem with this bill. In section 7, item (c), under punitive damages, it in effect will protect the pharmaceutical industry against class action lawsuits by parents who have had their children damaged by mercury in vaccines that causes neurological problems, such as autism.
We had hearings on this for about 6 years, and we had scientists from all over the world, and the mercury in vaccines is a contributing factor to autism and other neurological disorders in children. It is in adult vaccines as well.
Now, I will not go into specifics of the language in here, but according to attorneys I have talked to in the last couple of days, it protects the pharmaceutical companies against class action lawsuits. I would not have a problem with that if there was another avenue for these parents to go to get money.
We created the Vaccine Injury Compensation Fund to take care of that. It was supposed to be nonadversarial. Unfortunately, parents have gotten nothing out of the Vaccine Injury Compensation Fund, even though there is $3 billion there. So there is only one avenue they have, and this legislation, the way I read it, blocks that.
The gentleman from Florida (Mr. Weldon) has worked with me on this, and I think he shares some of the same concerns that I have, and he is welcome to say a word or two if he wants to, but what I want to ask of the manager of the bill, would the gentleman work with me to try to clean this up so that that problem does not exist anymore; so they at least have an avenue to deal with this?
I yield to the gentleman from Texas.
Mr. Speaker, I thank the gentleman for his assurances.
I yield to the gentleman from Florida.
Mr. Speaker, I thank my colleague.
Mr. Speaker, I wish to submit for the Record a Dear Colleague letter which I sent to Members regarding this legislation:
Congress of the United States,
House of Representatives,
Washington, DC, July 27, 2005.
The Vaccine Liability Waiver in the Medical Malpractice Legislation
Will Hurt Autistic Children and Their Families
Dear Colleague: As we debate medical malpractice this week,
I want to bring to your attention a provision in the bill
that would waive vaccine manufacturer liability. Section 7(c)
of the legislation states that no punitive damages may be
awarded against a manufacturer or distributor of a medical
product based on a claim that the product caused harm, unless
the company violated FDA regulations. Essentially, this means
as long as the vaccine goes through the regular FDA approval
process, the company is shielded from liability.
In the 1980's, roughly 1 in 10,000 American children were
diagnosed with some kind of autism spectrum disorder. Today,
that number has risen to 1 in 166 with the number rising
alarmingly as children have been required to get more and
more shots containing the mercury-based preservative
thimerosal During my tenure as Chairman of the House
Committee on Government Reform, and as Chairman of the
Subcommittee on Human Rights and Wellness, I chaired numerous
hearings examining the alarming increase in autism in this
country over the last several decades. We also conducted a
four-year long investigation into the facts and theories
surrounding the connection between mercury in vaccines
(thimerosal) and autism and other childhood and adult
neurodevelopment disorders, such as Alzheimer's. Credible
scientific evidence points to a connection between
thimerosal, autism and other neurodevelopmental disorders.
Many of the families of thimerosal's victims did not know
about the National Vaccine Injury Compensation Program--the
no-fault compensation system that provided for quick and fair
recovery for those who experience injuries related to a
vaccination which Congress established in 1986--and were
unable to file claims within the 3 year Statute of
Limitations. Thousands of families were left out in the cold,
unable to get into the program. They are out there with
nothing. Their houses are being sold, they are going
bankrupt, they are spending all their money and leading
desperate lives trying to help their kids, and they cannot do
it. Therefore, the only recourse they had was to file a class
action lawsuit.
As the number of thimerosal injured children grew, concerns
over the potential financial impact of these class action
lawsuits, and the growing scientific research demonstrating a
connection between thimerosal and autism, and the subsequent
effect on the pharmaceutical industry's bottom line prompted
supporters of the Pharmaceutical industry to slip sections
1714 through 1717 into the Homeland Security Act of 2002
effectively killing all thimerosal class action lawsuits. In
the 11th hour without any debate, without anybody knowing
about it until it was too late, these lawsuits were stopped
in their tracks.
Fortunately, the language was ultimately removed after
being discovered by several deeply concerned Members of both
the House and Senate. Section 7(c) of the Help Efficient,
Accessible, Low-cost, Timely
Healthcare (HEALTH) Act of 2005 (H.R. 5) is arguably a thinly
veiled attempt to resurrect the ill-conceived Homeland
Security Act provisions of 2002, and although Section 10 of
the bill exempts vaccine cases before the National Vaccine
Injury Compensation Program, if a vaccine claimant exercises
his or her right to opt-out of VICA and bring a lawsuit in
state or Federal court or has no recourse but to file a
lawsuit because of the Statute of Limitations, Section 7(c)
of H.R. 5 will fully apply to limit that civil claimant's
rights.
Congress should strike this provision from the medical
malpractice legislation. We serve the interests of the
American people, not the pharmaceutical industry.
Sincerely,
Dan Burton,
Member of Congress.