Re: Flu jab 2018 booked
Originally Posted by
AnnieS
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There is no data on how much compensation was given by vaccine but I will bet that the large proportion of flu claims were for things such as allergic reaction to eggs or other ingredients. We don't have the details but it may be people claimed and then were thrown out of court because it usually lists eggs on the ingredients label.
Yep I tend to agree. I also wanted to see the amounts of compensation paid out but it wasn't in that data pack. It's probably to be found elsewhere.
We can only glean so much from this particular stat. We need more detail to understand the nature of the individual claims and why 1000s of claims never make it to the pay out stage. I agree there will be some that don't stand up in court but I am willing to bet there are many many more where the complex claiming process is so difficult to get through they gave up.
Here are the hoops you have to jump through to make a claim:
The process for filing a claim is:
1. The petitioner or petitioner's lawyer sends one original and two copies of the claim along with the medical records, other appropriate documents, and a $400 filing fee to the Court;
2. The petitioner or petitioner's lawyer sends one copy of the claim including the medical records and other appropriate documents to the Secretary of Health and Human Services, c/o Director, Division of Injury Compensation Programs;
3. The Court sends one copy of the claim and medical records to the DOJ;
4. HHS reviews the medical information in the claim and this review is sent to the DOJ lawyer who represents the Secretary of Health and Human Services;
5. The DOJ lawyer reviews the legal aspects of the claim and writes a report;
6. The HHS and DOJ reviews are combined into one report that is sent to the Court and petitioner or petitioner’s lawyer;
7. The DOJ and petitioner or petitioner’s lawyer take legal action to resolve the claim;
8. A “special master” (a lawyer appointed by the judges of the Court) decides if the claim will be paid and how much will be paid for the claim;
9. If the special master decides to pay the claim, the petitioner must make a decision to accept or reject the special master’s decision in writing; and
10. The special master’s decision may be appealed to a judge of the Court by the petitioner or HHS, then to the U.S. Court of Appeals for the Federal Circuit and, finally, to the U.S. Supreme Court.
You'd be footing some significant bills there I think in legal costs which you may not be able to recover if your claim is rejected.