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April 1991

Diphtheria and Tetanus Toxoids and Pertussis Vaccine Litigation-Reply

Am J Dis Child. 1991;145(4):425. doi:10.1001/archpedi.1991.02160040081006

In Reply.—The author did not wish to respond. I have a great deal of interest in this area, however, and thought that a response to Dr Lokietz' letter was important.

I do not agree with his assessment of the National Vaccine Compensation Program and its implementation. Having participated in the defense of physicians and others in vaccine-related litigation, I can attest to the harm that the tort-system handling of these claims has for everyone concerned. In my view, substitution of the compensation method for adjudicating claims of vaccine-induced injuries is a far better method than the adversarial legal method.

Initially, an agreement on what would be included in the Vaccine Injury Table,1 which is the source for determining the applicability of a given claim, was the only way that the system could work. That the table will need refinement in the future is clear. That not everyone accepts

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