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Vaccine Court

Author: Anna Kirkland
Publisher: NYU Press
ISBN: 1479847135
Size: 55.52 MB
Format: PDF
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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.

How Policy Shapes Politics

Author: Jeb Barnes
Publisher: Oxford University Press, USA
ISBN: 0199756112
Size: 48.44 MB
Format: PDF, ePub, Docs
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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.

Health Care Policy And Politics A To Z

Author: Julie Rovner
Publisher: CQ Press
ISBN: 1452267324
Size: 43.99 MB
Format: PDF, Mobi
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This essential guide for libraries, policy makers, and anyone concerned with health care in America has now been fully updated Readers will find updated information on long term health care spending, abortion, Medicaid and Medicare, health insurance and the uninsured, the State Children’s Health Insurance Program (SCHIP), and much, much more. New entries reflect important changes in recent years and include the Medicare Modernization Act, abstinence education, electronic health records, health savings accounts, Plan B, the President’s Emergency Plan for AIDS Relief (PEPFAR), and Project BioShield.

Evidence Of Harm

Author: David Kirby
Publisher: St. Martin's Press
ISBN: 1429906197
Size: 42.89 MB
Format: PDF, ePub
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In the 1990s reported autism cases among American children began spiking, from about 1 in 10,000 in 1987 to a shocking 1 in 166 today. This trend coincided with the addition of several new shots to the nation's already crowded vaccination schedule, grouped together and given soon after birth or in the early months of infancy. Most of these shots contained a little-known preservative called thimerosal, which includes a quantity of the toxin mercury. Evidence of Harm explores the heated controversy over what many parents, physicians, public officials, and educators have called an "epidemic" of afflicted children. Following several families, David Kirby traces their struggle to understand how and why their once-healthy kids rapidly descended into silence or disturbed behavior, often accompanied by severe physical illness. Alarmed by the levels of mercury in the vaccine schedule, these families sought answers from their doctors, from science, from pharmaceutical companies that manufacture vaccines, and finally from the Center for Disease Control and the Food and Drug Administration-to no avail. But as they dug deeper, the families also found powerful allies in Congress and in the small community of physicians and researchers who believe that the rise of autism and other disorders is linked to toxic levels of mercury that accumulate in the systems of some children. An important and troubling book, Evidence of Harm reveals both the public and unsung obstacles faced by desperate families who have been opposed by the combined power of the federal government, health agencies, and pharmaceutical giants. From closed meetings of the FDA, CDC, and drug companies, to the mysterious rider inserted into the 2002 Homeland Security Bill that would bar thimerosal litigation, to open hearings held by Congress, this book shows a medical establishment determined to deny "evidence of harm" that might be connected with thimerosal and mercury in vaccines. In the end, as research is beginning to demonstrate, the questions raised by these families have significant implications for all children, and for those entrusted to oversee our national health.

Studies In Law Politics And Society

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1787148122
Size: 42.25 MB
Format: PDF, Kindle
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Studies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: marriage equality and the demise of civil unions; the LGBTQ community in the 1980s; the landscape of choice regarding reproductive rights and vaccine refusal; the rights of unvaccinated children; a socio-legal framework for understanding the social control of pleasure; and a data re-use and its impact on group identity. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.

Lawyers Lawsuits And Legal Rights

Author: Thomas F. Burke
Publisher: Univ of California Press
ISBN: 9780520938373
Size: 11.20 MB
Format: PDF, ePub
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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.

Product Liability

Author: John S. Allee
Publisher: Law Journal Press
ISBN: 9781588520265
Size: 54.21 MB
Format: PDF, Kindle
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This book analyzes the theory and practice of products liability litigation, whether the issue is drugs, food, chemicals, or any of the 100s of other products that may be the subject of litigation.