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Justices Make It Difficult To Claim Vaccination Compensation

Published in Vaccine Weekly, May 1st, 1995

The Supreme Court made it more difficult for people who claim they were harmed by a childhood vaccine to collect monetary damages from a government compensation fund.

The court, in a decision that could save the federal government tens of millions of dollars, ruled unanimously that a federal law requires such people to prove they had no symptoms of a particular injury before getting vaccinated.

Writing for the court in the case of an Indiana woman, Justice David H. Souter said that when an injured person fails to prove no prior occurrence of the injury "the claimant does not make out a case for compensation."

Congress created a...

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