[Note: Shared for #AutisticHistory archive purposes. This is NOT An Autistic Ally.]
Cure Autism Now Government Affairs
Vaccine Compensation Reform Update
We received word this afternoon that in consideration of a request from Cure Autism Now, Senator Frist has decided to unlink legislation on Vaccine Compensation Reform from newly introduced Senate S 15 (Bio-Shield legislation) and introduce a separate bill this week, which will be marked up in committee next week.
We appreciate this action and believe it allows for more transparent and appropriate discussion, free from other political pressure..
Cure Autism Now has worked hard with Senator Frist’s office to secure certain changes that will appear in the new bill. These preserve the rights of families to go to civil court after going through the vaccine compensation system and greatly extend the statute of limitations, thus making more families eligible for compensation.
Please see the letter that CAN has written to Senator Frist in support of the revised legislation. We believe that though this accommodation is not perfect, it is a real improvement over what we had before, offers as much if not more than Burton Waxman in key areas and has a much better chance of passing. We believe this bill deserves bipartisan support.
These are real gains for families with autistic children. We will have opportunities for further reform down the road, and for very aggressive action when there is definitive action on causation. In the meantime, we preserve our rights while avoiding the larger, coming battle on tort reform.
We believe it is in the community’s interest to preserve and reform a vaccine compensation system with alternative forms of mediation and not in the community’s best interest to take a stand on tort reform or allow ourselves to be the ball tossed back and forth by the titanic forces massed on either side of this massive issue. This new legislation offers us key protections we need now.
Not everyone will be happy with this new legislation. Until there is proof of causation, families outside of the six-year look-back (including my own) are excluded from the system. This is not fair, but the proposed law is three years more inclusive than it is now, and once causation is established, several hundred thousand more families will have access to compensation. Finally, without proof of causation all these discussions are moot, as almost all cases will be unwinnable.
Again, this is not perfect or perfectly fair, but it is, after the application of a lot of pressure, and much advice from the leading plaintiff’s attorneys involved in battle, the best we can do today. We are dedicated to fighting for more and more resources for the autism community now and in the future, but in a time when resources are scarce, we believe that half a loaf is substantially better than none.
Letter to Senator Frist in Support of Revised Vaccine Injury Compensation
Dear Senator Frist,
Over the past several years, with your help, we have together made great strides in expanding and improving our research into and response to autism. We understand that you are willing to accept two revisions to Title III, Subtitle B, of S.15 that we have outlined after extensive discussion with your office, and therefore we support the revised vaccine injury compensation title of this legislation. We are joined in our support for this legislation by attorneys representing a majority of the claimants bringing thimerisol related cases before the vaccine court.
The key provisions are as follows:
Clarifying language will be inserted in the bill regarding the definition of vaccines which ensures that claims regarding thimerosol can go forward under the Vaccine Injury Compensation Act. Specifically, on page 105, line 20, we have suggested inserting “or not listed” after “listed.” By doing so, we have agreed that no entity shall be shielded from the Vaccine Compensation Act but rather included for uniformity.
We believe that there is an association between thimerosol and neurodevelopmental disorders. Our position is that continuous scientific information is being developed to help us understand this association between thimerosol and neurodevelopmental disorders including but not limited to autism; and that is why we are funding biological research in this area.
We are very concerned that adequate recourse be available if this scientific research proves causation. Therefore, we have suggested expanding the language on page 99 of the bill, to provide that if any neurodevelopmental disorder including but not limited to autism (or another injury) is added to the Vaccine Injury Table, individuals who have received a vaccine since 1988 and suffered such an injury would be eligible to file a claim in the Program, with all rights that accompany such, including the right to pursue the claim in civil court after proceeding through the Program. This is a significant improvement over current language and will make many more families eligible for compensation. All cases must go through the Vaccine Injury Compensation Program, but this legislation in no way hinders families unsatisfied with the judgment (regardless of the outcome) from seeking redress in civil court as currently provided for by statute. In the short term , the statutory eligibility period to enter the Vaccine Injury Compensation Program shall be enlarged to six (6) years.
We also commend you for already including in your bill an increase in the cap on damages for pain and suffering from $250,000 to $350,000, with no limitations for compensatory damages.
We know that these revisions to S.15 may not please all members of our community, many of whom have terribly ill children. However, we believe that these revisions, and additional provisions already in the legislation, provide many more families with significant new opportunities to get an equitable settlement than had that opportunity before, and affords the scientific research community an opportunity to deeply explore the subject and present its strongest evidence. We have made clear that we support safe childhood vaccinations and continued independent scientific research.
Subject to reviewing the final language of the entire title regarding Childhood Vaccines we urge bipartisan support of the vaccine injury compensation program provisions of S.15. We commend you for your good faith efforts to negotiate on this highly charged and complicated issue and for your commitment to the autism community.
Cure Autism Now
The Autism Community Is Not The Autistic Community
More With Autism Votes
Fact: Vaccines Do Not Cause Autism.
Autistic people have fought the inclusion of ABA in therapy for us since before Autism Speaks, and other non-Autistic-led autism organizations, started lobbying legislation to get it covered by insurances and Medicaid.
ABA is a myth originally sold to parents that it would keep their Autistic child out of an institution. Today, parents are told that with early intervention therapy their child will either be less Autistic or no longer Autistic by elementary school, and can be mainstreamed in typical education classes. ABA is very expensive to pay out of pocket. Essentially, Autism Speaks has justified the big price tag up front will offset the overall burden on resources for an Autistic’s lifetime. The recommendation for this therapy is 40 hours a week for children and toddlers.
The original study that showed the success rate of ABA to be at 50% has never been replicated. In fact, the study of ABA by United States Department of Defense was denounced as a failure. Not just once, but multiple times. Simply stated: ABA doesn’t work. In study after repeated study: ABA (conversion therapy) doesn’t work.
What more recent studies do show: Autistics who experienced ABA therapy are at high risk to develop PTSD and other lifelong trauma-related conditions. Historically, the autism organizations promoting ABA as a cure or solution have silenced Autistic advocates’ opposition. ABA is also known as gay conversion therapy.
The ‘cure’ for Autistics not born yet is the prevention of birth.
The ‘cure’ is a choice to terminate a pregnancy based on ‘autism risk.’ The cure is abortion. This is the same ‘cure’ society has for Down Syndrome.
This is eugenics 2021. Instead of killing Autistics and disabled children in gas chambers or ‘mercy killings’ like in Aktion T4, it’ll happen at the doctor’s office, quietly, one Autistic baby at a time. Different approaches yes, but still eugenics and the extinction of an entire minority group of people.
Fact: You can’t cure Autistics from being Autistic.
Fact: You can’t recover an Autistic from being Autistic.
Fact: You can groom an Autistic to mask and hide their traits. Somewhat. … however, this comes at the expense of the Autistic child, promotes Autistic Burnout (this should not be confused with typical burnout, Autistic Burnout can kill Autistics), and places the Autistic child at high risk for PTSD and other lifelong trauma-related conditions.
[Note: Autism is NOT a disease, but a neurodevelopmental difference and disability.]
Fact: Vaccines Do Not Cause Autism.