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‘Vaccine court’ keeps claimants waiting

WASHINGTON — A system Congress established to speed help to Americans harmed by vaccines has instead heaped additional suffering on thousands of families.

The premise was simple: quickly and generously pay for medical care in the rare cases when a shot to prevent a sickness such as flu or measles instead is the likely cause of serious health complications. But the system is not working as intended.

The Associated Press read hundreds of decisions, conducted more than 100 interviews, and analyzed a database of more than 14,500 cases filed in a special vaccine court. That database was current as of January 2013; the government has refused to release an updated version since.

Among the findings:

The court offers a financial incentive to over-file — unlike typical civil court cases, attorneys are paid whether or not they win, as was the case with more than 5,000 losing claims that vaccines caused autism. Those who double-bill for their time or consistently submit questionable expenses are not disciplined.

Another doctor cribbed his material from an anti-vaccine website. Some of the most prominent experts set up nonprofits questioning vaccine safety, further fueling public skepticism. Meanwhile, many doctors hired by the government to defend vaccine safety in court have ties to the pharmaceutical industry.

Lawmakers expected some children would get help even though their injuries weren't truly caused by a vaccine. If government doctors had their way, though, 1,600 families would not have gotten more than $1.1 billion in cash and future medical care between the court's opening in 1988 and the end of 2012.

The government said that while perception of safety is important, individual claims are evaluated on scientific evidence and legal standards.