Vaccine Court

The Law and Politics of Injury

Author: Anna Kirkland

Publisher: NYU Press

ISBN: 1479876933

Category: Law

Page: 288

View: 9954

The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person’s medical problem. In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.

Vaccine Court

The Law and Politics of Injury

Author: Anna Kirkland

Publisher: NYU Press

ISBN: 1479847135

Category: Law

Page: 288

View: 8372

The so-called vaccine court is a small special court in the United States Court of Federal Claims that handles controversial claims that a vaccine has harmed someone. While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person’s medical problem. In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.

Lawyers, Lawsuits, and Legal Rights

The Battle Over Litigation in American Society

Author: Thomas F. Burke

Publisher: Univ of California Press

ISBN: 0520243234

Category: Law

Page: 267

View: 3117

"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics

Social Knowledge in the Making

Author: Charles Camic,Neil Gross,Michèle Lamont

Publisher: University of Chicago Press

ISBN: 0226092100

Category: Social Science

Page: 464

View: 9584

Over the past quarter century, researchers have successfully explored the inner workings of the physical and biological sciences using a variety of social and historical lenses. Inspired by these advances, the contributors to Social Knowledge in the Making turn their attention to the social sciences, broadly construed. The result is the first comprehensive effort to study and understand the day-to-day activities involved in the creation of social-scientific and related forms of knowledge about the social world. The essays collected here tackle a range of previously unexplored questions about the practices involved in the production, assessment, and use of diverse forms of social knowledge. A stellar cast of multidisciplinary scholars addresses topics such as the changing practices of historical research, anthropological data collection, library usage, peer review, and institutional review boards. Turning to the world beyond the academy, other essays focus on global banks, survey research organizations, and national security and economic policy makers. Social Knowledge in the Making is a landmark volume for a new field of inquiry, and the bold new research agenda it proposes will be welcomed in the social science, the humanities, and a broad range of nonacademic settings.

The Vaccine Court

The Dark Truth of America's Vaccine Injury Compensation Program

Author: Wayne Rohde

Publisher: Skyhorse Publishing, Inc.

ISBN: 1632201690

Category: Health & Fitness

Page: 256

View: 6338

A hard look at the National Vaccine Injury Compensation Program and the families desperately trying to navigate their way through it. The Vaccine Court looks at the mysterious and often unknown world of the National Vaccine Injury Compensation Program (NVICP), the only recourse for seeking compensation for those who have been injured by a vaccine. The NVICP, better known as the ”Vaccine Court,” however, is not without controversy. Established by Congress as a direct result of the passage of the National Childhood Vaccine Injury Act of 1986, the NVICP was supposed to offer a no-fault alternative to the traditional injury claims filed in state or federal courts and was to provide quick, efficient, and fair compensation for those who have been injured by vaccines. The reality, however, is that many cases take several years or longer to complete and require tremendous commitment from families already pushed to the brink of bankruptcy caring for the vaccine-injured family member, only to discover that the end result is manipulated by the government in defense of the US vaccine policy. Mr. Rohde looks into the inner workings of the US Federal Claims Court and the NVICP. He interviews families who have filed petitions and won compensation, families who have been denied compensation, and families still waiting for a decision. By highlighting the journeys of these families—their efforts to find attorneys willing to represent them, the filing of their petitions, and the subsequent mountain of paperwork, medical records, and other documents that span years—Mr. Rohde exposes the bitter truth behind the NVICP. Through his thoughtful interviews and fact-finding research, The Vaccine Court sheds light on how the NVICP has evolved into something far more treacherous than what Congress envisioned with the National Childhood Vaccine Injury Act in 1986.

State of Immunity

The Politics of Vaccination in Twentieth-Century America

Author: James Colgrove

Publisher: Univ of California Press

ISBN: 9780520932784

Category: Medical

Page: 349

View: 1436

This first comprehensive history of the social and political aspects of vaccination in the United States tells the story of how vaccination became a widely accepted public health measure over the course of the twentieth century. One hundred years ago, just a handful of vaccines existed, and only one, for smallpox, was widely used. Today more than two dozen vaccines are in use, fourteen of which are universally recommended for children. State of Immunity examines the strategies that health officials have used—ranging from advertising and public relations campaigns to laws requiring children to be immunized before they can attend school—to gain public acceptance of vaccines. Like any medical intervention, vaccination carries a small risk of adverse reactions. But unlike other procedures, it is performed on healthy people, most commonly children, and has been mandated by law. Vaccination thus poses unique ethical, political, and legal questions. James Colgrove considers how individual liberty should be balanced against the need to protect the common welfare, how experts should act in the face of incomplete or inconsistent scientific information, and how the public should be involved in these decisions. A well-researched, intelligent, and balanced look at a timely topic, this book explores these issues through a vivid historical narrative that offers new insights into the past, present, and future of vaccination.

Fat Rights

Dilemmas of Difference and Personhood

Author: Anna Kirkland

Publisher: NYU Press

ISBN: 9780814748190

Category: Law

Page: 196

View: 8951

Author Interview on The Brian Lehrer Show America is a weight-obsessed nation. Over the last decade, there's been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable for antidiscrimination coverage. Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising long–standing dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question. Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.

Immunization

History, Ethics, Law and Health

Author: Catherine Diodati

Publisher: Integral Aspects Incorporated

ISBN: 9780968508008

Category: Medical

Page: 312

View: 980

Vaccination Ethics and Policy

An Introduction with Readings

Author: Jason L. Schwartz,Arthur L. Caplan

Publisher: Mit Press

ISBN: 9780262035330

Category: Health & Fitness

Page: 456

View: 8246

Vaccination has long been a familiar, highly effective form of medicine and a triumph of public health. Because vaccination is both an individual medical intervention and a central component of public health efforts, it raises a distinct set of legal and ethical issues -- from debates over their risks and benefits to the use of government vaccination requirements -- and makes vaccine policymaking uniquely challenging. This volume examines the full range of ethical and policy issues related to the development and use of vaccines in the United States and around the world. Forty essays, articles, and reports by experts in the field look at all aspects of the vaccine life cycle. After an overview of vaccine history, they consider research and development, regulation and safety, vaccination promotion and requirements, pandemics and bioterrorism, and the frontier of vaccination. The texts cover such topics as vaccine safety controversies; the ethics of vaccine trials; vaccine injury compensation; vaccine refusal and the risks of vaccine-preventable diseases; equitable access to vaccines in emegencies; lessons from the eradication of smallpox; and possible future vaccines against cancer, malaria, and Ebola. The volume intentionally includes texts that take opposing viewpoints, offering readers a range of arguments. The book will be an essential reference for professionals, scholars, and students. Contributors includeJeffrey P. Baker, Seth Berkley, Luciana Borio, Arthur L. Caplan, R. Alta Charo, Dave A. Chokshi, James Colgrove, Katherine M. Cook, Louis Z. Cooper, Edward Cox, Douglas S. Diekema, Ezekiel J. Emanuel, Claudia I. Emerson, Geoffrey Evans, Ruth R. Faden, Chris Feudtner, David P. Fidler, Fiona Godlee, D. A. Henderson, Alan R. Hinman, Peter Hotez, Robert M. Jacobson, Aaron S. Kesselheim, Heidi J. Larson, Robert J. Levine, Donald W. Light, Adel Mahmoud, Edgar G. Marcuse, Howard Markel, Michelle M. Mello, Paul A. Offit, Saal B. Omer, Walter A. Orenstein, Gregory A. Poland, Lance E. Rodewald, Daniel A. Salmon, Anne Schuchat, Jason L. Schwartz, Peter A. Singer, Michael Specter, Alexandra Minna Stern, Jeremy Sugarman, Thomas R. Talbot, Robert Temple, Stephen P. Teret, Alan Wertheimer, Tadataka Yamada

Finding Women in the State

A Socialist Feminist Revolution in the People's Republic of China, 1949-1964

Author: Wang Zheng

Publisher: Univ of California Press

ISBN: 0520292286

Category: History

Page: 400

View: 8232

Finding Women in the State is a provocative hidden history of socialist state feminists maneuvering behind the scenes at the core of the Chinese Communist Party. These women worked to advance gender and class equality in the early People’s Republic and fought to transform sexist norms and practices, all while facing fierce opposition from a male-dominated CCP leadership from the Party Central to the local government. Wang Zheng extends this investigation to the cultural realm, showing how feminists within China’s film industry were working to actively create new cinematic heroines, and how they continued a New Culture anti-patriarchy heritage in socialist film production. This book illuminates not only the different visions of revolutionary transformation but also the dense entanglements among those in the top echelon of the party. Wang discusses the causes for failure of China’s socialist revolution and raises fundamental questions about male dominance in social movements that aim to pursue social justice and equality. This is the first book engendering the PRC high politics and has important theoretical and methodological implications for scholars and students working in gender studies as well as China studies.

Vaccine Epidemic

How Corporate Greed, Biased Science, and Coercive Government Threaten Our Human Rights, Our Health, and Our Children

Author: Louise Kuo Habakus,Mary Holland

Publisher: Skyhorse Publishing, Inc.

ISBN: 1626366640

Category: Health & Fitness

Page: 512

View: 8484

National polls show that Americans are increasingly concerned about vaccine safety and the right to make individual, informed choices together with their healthcare practitioners. Vaccine Epidemic focuses on the searing debate surrounding individual and parental vaccination choice in the United States. Featuring more than twenty experts from the fields of ethics, law, science, medicine, business, and history, Vaccine Epidemic urgently calls for reform. It is the essential handbook for the vaccination choice movement and required reading for all people contemplating vaccination for themselves and their children. Louise Kuo Habakus and Mary Holland edit and introduce a diverse array of interrelated topics concerning the explosive vaccine controversy, including: • The human right to vaccination choice • The ethics and constitutionality of vaccination mandates • Personal narratives of parents, children, and soldiers who have suffered vaccine injury • Vaccine safety science and evidence-based medicine • Corrupting conflicts of interest in the national vaccine program • What should parents do? A review of eight advice books on vaccines that span the gamut.

Vaccination, Social Violence, and Criminality

The Medical Assault on the American Brain

Author: Harris L. Coulter

Publisher: North Atlantic Books

ISBN: 9781556430848

Category: Health & Fitness

Page: 300

View: 2294

Coulter considers the relationship of vaccination to autism, hyperactivity, allergies, autoimmune diseases, and learning disabilities. He carries his argument into the social realm, suggesting a connection between neurological damage and the present high level of criminality in American society. Vaccination, Social Violence, and Criminality will become a cornerstone in the ongoing debate about childhood vaccinations.

Against Health

How Health Became the New Morality

Author: Jonathan Metzl,Anna Kirkland,Anna Rutherford Kirkland

Publisher: NYU Press

ISBN: 0814795935

Category: Social Science

Page: 217

View: 916

Looks at the cultural meanings of health, exploring it's ideologies, arguing that obtaining health is difficult because of cultural conventions, and offering ways to develop healthier options for one's body.

How to End the Autism Epidemic

Author: J.B. Handley

Publisher: Chelsea Green Publishing

ISBN: 1603588256

Category: Health & Fitness

Page: 304

View: 309

In How to End the Autism Epidemic, Generation Rescue’s co-founder J.B. Handley offers a compelling, science-based explanation of what’s causing the autism epidemic, the lies that enable its perpetuation, and the steps we must take as parents and as a society in order to end it. While many parents have heard the rhetoric that vaccines are safe and effective and that the science is settled about the relationship between vaccines and autism, few realize that in the 1960s, American children received three vaccines compared to the thirty-eight they receive today. Or that when parents are told that the odds of an adverse reaction are “one in a million,” the odds are actually one in fifty. Or that in the 1980s, the rate of autism was one in ten thousand children. Today it’s one in thirty-six. Parents, educators, and social service professionals around the country are sounding an alarm that we are in the midst of a devastating public health crisis—one that corresponds in lockstep with an ever-growing vaccine schedule. Why do our public health officials refuse to investigate this properly—or even acknowledge it? In How to End the Autism Epidemic, Handley confronts and dismantles the most common lies about vaccines and autism. He then lays out, in detail, what the truth actually is: new published science links the aluminium adjuvant used in vaccines to immune activation events in the brains of infants, triggering autism; and there is a clear legal basis for the statement that vaccines cause autism, including previously undisclosed depositions of prominent autism scientists under oath. While Handley’s argument is unsparing, his position is ultimately moderate and constructive: we must continue to investigate the safety of vaccines, we must adopt a position of informed consent, and every individual vaccine must be considered on its own merits. This issue is far from settled. By refusing to engage with parents and other stakeholders in a meaningful way, our public health officials destroy the public trust and enable the suffering of countless children and families.

How Policy Shapes Politics

Rights, Courts, Litigation, and the Struggle Over Injury Compensation

Author: Jeb Barnes,Thomas Frederick Burke

Publisher: Oxford University Press, USA

ISBN: 0199756112

Category: Law

Page: 272

View: 9474

The 'global rise of judicial power' has been called one of the most significant developments in late twentieth and early twenty-first-century politics. In this book, Jeb Barnes and Thomas F. Burke examine the political consequences of 'judicialization' - the growing reliance on courts, rights and litigation in public policy - by analyzing the field of injury compensation, in which judicialized and bureaucratized programmes operate side-by-side.

The Panic Virus

The True Story Behind the Vaccine-Autism Controversy

Author: Seth Mnookin

Publisher: Simon and Schuster

ISBN: 1439158657

Category: Health & Fitness

Page: 464

View: 5758

A searing account of how vaccine opponents have used the media to spread their message of panic, despite no scientific evidence to support them.

Dancers as Diplomats

American Choreography in Cultural Exchange

Author: Clare Croft

Publisher: Oxford University Press

ISBN: 0190226315

Category: Performing Arts

Page: 272

View: 7685

Dancers as Diplomats chronicles the role of dance and dancers in American cultural diplomacy. In the early decades of the Cold War and the twenty-first century, American dancers toured the globe on tours sponsored by the US State Department. Dancers as Diplomats tells the story of how these tours shaped and some times re-imagined ideas of the United States in unexpected, often sensational circumstances-pirouetting in Moscow as the Cuban Missile Crisis unfolded and dancing in Burma shortly before the country held its first democratic elections. Based on more than seventy interviews with dancers who traveled on the tours, the book looks at a wide range of American dance companies, among them New York City Ballet, Alvin Ailey American Dance Theater, the Martha Graham Dance Company, Urban Bush Women, ODC/Dance, Ronald K. Brown/Evidence, and the Trey McIntyre Project, among others. During the Cold War, companies danced everywhere from the Soviet Union to Vietnam, just months before the US abandoned Saigon. In the post 9/11 era, dance companies traveled to Asia and Latin America, sub-Saharan Africa and the Middle East.

Deadly Choices

How the Anti-Vaccine Movement Threatens Us All

Author: Paul A. Offit

Publisher: Basic Books (AZ)

ISBN: 0465057969

Category: Science

Page: 304

View: 9443

A renowned researcher vigorously challenges the anti-vaccine movement in this powerful defense of science in the face of fear.