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Old 10-19-2013, 10:08 PM   #930
sexobon
I love it when a plan comes together.
 
Join Date: Oct 2009
Posts: 9,793
Quote:
Originally Posted by Lamplighter View Post
... Whatever actually caused the injury or death is not determined by the settlement or award.
I got the impression that it can be determined by compensation. Compensation does not always mean causation (e.g. settlements); but, it can.

Quote:
DEFINITIONS:

1. Compensable – The injured person who filed a claim was paid money by the VICP. Compensation can be achieved through a concession by the Department of Health and Human Services (HHS), a decision on the merits of the claim by a special master or a judge of the United States Court of Federal Claims (Court), or a settlement between the parties.

...1. Concession: HHS concludes that a petition should be compensated based on a thorough review and analysis of the evidence, including medical records and the scientific and medical literature. The HHS review concludes that the petitioner is entitled to compensation, including a determination either that it is more likely than not that the vaccine caused the injury or the evidence supports fulfillment of the criteria of the Vaccine Injury Table. The Court also determines that the petition should be compensated.

...2. Court Decision: A special master or the court, within the United States Court of Federal Claims, issues a legal decision after weighing the evidence presented by both sides. HHS abides by the ultimate Court decision even if it maintains its position that the petitioner was not entitled to compensation (e.g., that the injury was not caused by the vaccine).

......1. For injury claims, compensable court decisions are based in part on one of the following determinations by the court:

.........1. The evidence is legally sufficient to show that the vaccine more likely than not caused (or significantly aggravated) the injury;
or

.........2. The injury is Iisted on, and meets all of the requirements of, the Vaccine Injury Table, and HHS has not proven that a factor unrelated to the vaccine more likely than not caused or significantly aggravated the injury. An injury listed on the Table and meeting all Table requirements is given the legal presumption of causation. It should be noted that conditions are placed on the Table for both scientific and policy reasons.

3. Settlement: The petition is resolved via a negotiated settlement between the parties. This settlement is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the petitioner’s alleged injuries, and, in settled cases, the Court does not determine that the vaccine caused the injury. A settlement therefore cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury. Claims may be resolved by settlement for many reasons, including consideration of prior court decisions; a recognition by both parties that there is a risk of loss in proceeding to a decision by the Court making the certainty of settlement more desirable; a desire by both parties to minimize the time and expense associated with litigating a case to conclusion; and a desire by both parties to resolve a case quickly and efficiently.
Non-compensable/Dismissed doesn't necessarily mean there was no causation.
Quote:
1. Non-compensable/Dismissed – The injured person who filed a claim was ultimately not paid money.

...1. Non-compensable Court decisions include the following:

......1. The Court determines that the person who filed the claim did not demonstrate that the injury was caused (or significantly aggravated) by a covered vaccine or meet the requirements of the Table (for injuries listed on the Table).

......2. The claim was dismissed for not meeting other statutory requirements (such as not meeting the filing deadline, not receiving a covered vaccine, and not meeting the statute’s severity requirement).

......3.The injured person voluntarily withdrew his or her claim
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