Vaccine Court

Author: Anna Kirkland
Publisher: NYU Press
ISBN: 9781479847136
Release Date: 2016-12-27
Genre: Law

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.

The Vaccine Court

Author: Wayne Rohde
Publisher: Skyhorse Publishing, Inc.
ISBN: 9781632201690
Release Date: 2014-11-11
Genre: Health & Fitness

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.

Finding Women in the State

Author: Zheng Wang
Publisher: Univ of California Press
ISBN: 9780520292291
Release Date: 2016-11
Genre: History

Feminist contentions in socialist state formation: a case study of the Shanghai Women's Federation -- The political perils in 1957: struggles over "women's liberation"--Creating a socialist feminist cultural front: women of China -- When a Maoist "class" intersected gender -- Chen Bo'er and the feminist paradigm of socialist film -- Fashioning socialist visual culture: Xia Yan and the new culture heritage -- The cultural origins of the Cultural Revolution -- The Iron Girls: gender and class in cultural representations -- Conclusion: socialist state feminism and its legacies in capitalist China

Social Knowledge in the Making

Author: Charles Camic
Publisher: University of Chicago Press
ISBN: 9780226092102
Release Date: 2012-07-24
Genre: Social Science

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.

How Policy Shapes Politics

Author: Jeb Barnes
Publisher: Oxford University Press, USA
ISBN: 9780199756117
Release Date: 2015
Genre: Law

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.

Metroimperial Intimacies

Author: Victor Román Mendoza
Publisher: Duke University Press
ISBN: 9780822374862
Release Date: 2015-11-11
Genre: History

In Metroimperial Intimacies Victor Román Mendoza combines historical, literary, and archival analysis with queer-of-color critique to show how U.S. imperial incursions into the Philippines enabled the growth of unprecedented social and sexual intimacies between native Philippine and U.S. subjects. The real and imagined intimacies—whether expressed through friendship, love, or eroticism—threatened U.S. gender and sexuality norms. To codify U.S. heteronormative behavior, the colonial government prohibited anything loosely defined as perverse, which along with popular representations of Filipinos, regulated colonial subjects and depicted them as sexually available, diseased, and degenerate. Mendoza analyzes laws, military records, the writing of Philippine students in the United States, and popular representations of Philippine colonial subjects to show how their lives, bodies, and desires became the very battleground for the consolidation of repressive legal, economic, and political institutions and practices of the U.S. colonial state. By highlighting the importance of racial and gendered violence in maintaining control at home and abroad, Mendoza demonstrates that studies of U.S. sexuality must take into account the reach and impact of U.S. imperialism.

Vaccine Epidemic

Author: Louise Kuo Habakus
Publisher: Skyhorse Publishing, Inc.
ISBN: 9781626366640
Release Date: 2011-02-09
Genre: Health & Fitness

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.

Fat Rights

Author: Anna Kirkland
Publisher: NYU Press
ISBN: 0814748198
Release Date: 2008-03-01
Genre: Law

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.

State of Immunity

Author: James Colgrove
Publisher: Univ of California Press
ISBN: 0520932781
Release Date: 2006-10-05
Genre: Medical

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.

Digital Rights Management

Author: Catherine A. Lemmer
Publisher: Rowman & Littlefield
ISBN: 9781442263765
Release Date: 2016-09-02
Genre: Language Arts & Disciplines

This guide explores the critical issues and challenges faced by librarians. You will understand: the digital content rights protection scheme; the various DRM technologies and how they are used; how to use authentication and authorization standards, strategies, and technologies; and, the privacy and security issues related to DRM.

Lawyers Lawsuits and Legal Rights

Author: Thomas F. Burke
Publisher: Univ of California Press
ISBN: 0520938372
Release Date: 2002-10-29
Genre: Political Science

Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies—laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation—and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.

Deadly Choices

Author: Paul A. Offit
Publisher: Basic Books (AZ)
ISBN: 9780465057962
Release Date: 2015-03-10
Genre: Science

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

Against Health

Author: Jonathan Metzl
Publisher: NYU Press
ISBN: 9780814795934
Release Date: 2010-11-23
Genre: Social Science

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.

Redress Schemes for Personal Injuries

Author: Sonia Macleod
Publisher: Bloomsbury Publishing
ISBN: 9781509916627
Release Date: 2017-11-30
Genre: Law

This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

Callous Disregard

Author: Andrew J. Wakefield
Publisher: Skyhorse Publishing Inc.
ISBN: 9781510729674
Release Date: 2017-11-21
Genre: Medical

Callous Disregard is the account of how a doctor confronted first a disease and then the medical system that sought and still seeks to deny that disease, leaving millions of children to suffer and a world at risk. In 1995, Dr. Andrew Wakefield came to a fork in the road. As an academic gastroenterologist at the Royal Free School of Medicine and the University of London, he was confronted by a professional challenge and a moral choice. Previously healthy children were, according to their parents, regressing into autism and developing intestinal problems. Many parents blamed the MMR vaccine. Trusting his medical training, the parental narrative, and, above all, the instinct of mothers for their children?s well-being, he chose what would become a very difficult road. Dr. Wakefield provides the facts and an explanation of the problem that confronted him and his colleagues fifteen years ago. He does this in a detailed forensic analysis of the lies, obfuscation, cover-up, and dystopian science and medicine that panders to commercial interests at the expense of your children.