Wednesday, September 1, 2010

Musings on the Farcical Compensation Program.

Hello, my friends. It’s me again, and I know it’s been a while since I’ve written. I was once told by a very famous author that writing is a daily chore, just like cleaning the house or washing dishes. Well, I’ve been slack of late, and there is really no excuse other than I’ve been horrifically busy.
What do I have to write about today, you ask? Well, lately there have been a few rumblings around the interwebz about the Cedillo vs. HHS case. This was one of the NVICP “test” cases that would measure whether or not the MMR vaccine had anything to do with Michelle Cedillo’s autism. This got me to thinking about why so few parents are filing claims with the NVICP.
Let me use myself as an example.
In 2004, when we learned of my son’s diagnosis, I was living in Mississippi. Now, if you aren’t familiar with the Mississippi school system, specifically their special education department, let me just say that this is probably one of the worst places in the world to have a child with autism. Their “solution” to my son’s problem was to institutionalize him.
Anyway, the whole process of learning about the diagnosis, researching things like physical therapy, ABA, etc., and then having to fight with the insurance companies to get these therapies, then having to fight with the government to get these same therapies; all of this was a time consuming and exhausting situation. I began to do research on the various internet sites and newsgroups to find answers and get advice from parents who were going through what my wife and I were. We were doing this, you see, because the doctor who gave us his diagnosis said that he had no advice, that he had very little experience with Autism, and that parents of autistic children probably knew more about the treatments and the condition than he did. At least he was honest. Before I knew it, 3 years had passed.
My son was sick, and he needed help. That simple. At the time, I was going through my second go around in college and working a part time and full time job to pay for my son’s therapies. It was 2007, and I had gotten involved with the people at Age of Autism and had also had numerous encounters with a certain egomaniacal douche-bag that we have all learned to loathe and despise. It was during this time that I was asked by a certain nameless moron why I hadn’t pursued my son’s vaccine injury with the NVICP.
Here’s the deal. First off, the statute of limitations to file a claim with the NVICP is 3 years. Secondly, my goal during this time was to make sure my son was receiving the care and support he needed. A lengthy and prolonged court battle would not have achieved that goal. It would have taken too much time away from my job and my family.
So, what’s the deal here. Cases that go to the NVICP can take years to resolve. And if there is a reward for injury, it is a pittance in comparison to the lifelong debilitations that children like my son suffer. They have to face a dog-and-pony-show of a “trial” that is not actually a trial, is not presided over by a real judge, and have to face off against the best attorneys that Pharma can buy. On top of that, if they lose the case (which is likely if autism and vaccines appear in the same case), then the pain and tragedy these families have faced throughout the lives of their children is broadcast all over the world so that it can be ridiculed by the likes of Orac and his Mob of Mindless Minions, the Oraccolytes, and wannabe scientist poseurs like AutismDeadBeat, Josephius and White&Nerdy.
Is it any wonder why parents don’t file with the NVICP? It’s a farce!
You have a 3rd party that is the sole decision process as to whether or not the vaccine caused the injury. That’s it! It’s supposed to be an unbiased 3rd party, but there are no checks and balances to prove this. The Science-ologists (those that worship science) say that Science should be the sole arbiter of this process, that science is the only answer to this. Well, guess what? Scientists are humans, not Gods. They make mistakes. They are prone to bias and misinterpretation. Science is NOT a religion, and the minute these hypocrites vomit forth the whole “Science has spoken” screed, then it ceases to become science and becomes a religion. This is a lesson that so many of these “science and evidence-based” cretins and pseudo-skeptics need to learn, and learn quickly.


  1. Craig, you have great timing as I was about to engage in a defense of parents like you about a topic like this. I have been involved in an extended lawsuit and I can tell you that when you are wronged, it can take a very long time to 1) Determine that you were wronged, and 2) to determine exactly what to do to mitigate the wrong, and then 3) to figure out what compensation you might actually be entitled to as a result.

    # 3 is of course, the last priority especially when it comes to a health matter as the health of the person wronged is by far the most important thing. Additionally, it costs immense amounts of money and time to investigate any case.

    I know that people will claim the legal costs are covered, but those same people have not likely ever been involved in a court action before. There are many other costs, and the time required to prepare and investigate is huge. Additionally, when the injury occurs, it is highly unlikely the injured parties were thinking lawsuit, so that many opportunities to accumulate the appropriate data for a 3rd priority and subsequent lawsuit are missed.

    There is no doubt in my mind that the only reason the Poling case was so successful was because the parents were both lawyers and doctors. The former allowing them to realize that careful documentation was very important from the start, and the latter gaining them access to extraordinary care and investigation that is accompanied by the requisite documentation.

    The average parent has none of these things.

    So the ridiculous assertions I see leveled at parents like yourself is really just a pile of horseshit spewed by people who are idiots, or ignorant, or both.

  2. Schwartz,
    I chose to get my son help instead of going after the compensation. We knew what had happened to him, but the tests and the process required to engage in a lengthy legal battle were beyond my capacity at the time. Instead of taking time away from my family and my jobs, I felt it would be better to focus on getting him better. It was only after I was in a better position financially that I realized that it was too late to pursue the VICP. Not that I would have done it, anyway. The rewards are a pittance and do nothing toward a lifetime of care for children like my son.

    Apparently, a certain sociopathic fuckwit was unable to comprehend that part of my blog post. Not you, Schwartz, just some idiot who doesn't realize that he is not allowed to post on my site (his post was sumarily deleted..I know he'll snivel about it, and I will call him a hypocrite because he has done the same thing to me). One of the only 2 idiots who isn't allowed.

    And speaking of legal battles, this particular moron doesn't seem to realize that he is coming awful close to having charges pressed against him. I've read the new cyber-stalking laws are quite serious, now.

  3. Reibel,
    This is stalking. You will be receiving a call from my lawyer.

    See you in court, scum.

  4. Craig... We made the same call after Chandler regressed. It was like getting hit by a truck and I knew I could either try to fight the government over it OR get my son better, but I didn't have it in me to do both. So I pursued recovery.

    Besides, our docs gave us NOTHING. Chandler's medical files say, "social" at his 18 month visit and "autism" at his his two year visit. They didn't even write down my questions and comments about his recurrent fevers and GI problems.

    Once I realized A) what a scam the 'vaccine court' is and B) that no one could accuse me of writing about vaccine injury for the money, I was happy we went the route we did. I second guessed myself after the Poling and Hiatt cases were announced, but after seeing what the Polings have gone through, and the Cedillos and so many friends who are still waiting in limbo for years, I am glad that we made the choice we did.

    However, if Chandler turns 18 and decides we made the wrong call for him, and he has it in him to fight, I can't imagine how it would be legal to say to him 'sorry, your parents had three years'.

    That SOL needs to go.

    Scratch that... the whole kangaroo court needs to go.

  5. In case you guys were wondering, those 2 comments were in response to Reibel. He posted one comment, which I responded to in my first comment, that said that there should be lawyers in Mississippi. He then made a second comment that he apparently did some pretty extensive digging to get. He posted some comments from my wife from the end of 2003 where she is asking for some information about autism and some of it's treatments. The fact that he did that much digging to find those comments makes it apparent that this has gone beyond an unfriendly rivalry and has descended into cyber-stalking on his part.

    He is also apparently unaware that August of 2003 is pretty close to 2004.

    Finally, you can attack me, personally, all you want. But when you bring my family into the argument? Well, let's just say that I will be pressing charges for his cyber-stalking.

  6. Yes, and let's also not forget that I haven't spoken to you, other than these comments, since December of last year, while I have records of every creepy little comment you have posted to me since then. I told you to leave me alone, and you have refused to do so. I told you to quit posting information about where I live, and you have refused to do so. I told you to quit gathering information about me and my family, and you have refused to do so. I've already spoken to my lawyer concerning the "threats" and he found them quite amusing. He also brought up an excellent point.

    If you were in the least bit threatened by me, then why have you been trying to engage me after I told you to stop? If you were threatened, then after I issued the Cease and Desist (which is legal, in case you don't know), you would not have continued harrassing me.

    I gave you every chance in the world to leave me alone. You brought my wife into this; now, I'm pressing charges. Oh, and I will be doing it down here, so be prepared for some travel.

  7. Craig, that is so creepy!

    I'm glad you are pressing charges.

  8. Minority,

    You should read some of the comments! Creepy is not a strong enough word.

    You know, I really don't like people like Orac and Josephius very much, but I have to give them props. They may be idiots, but they are intelligent enough and have enough integrity to leave my family out of our arguments.