Robert F. Kennedy Jr.'s Plan to Overhaul National Vaccine Injury Compensation Program Sparks Concern

Strategic Insights -

Robert F. Kennedy Jr., secretary of the US Department of Health and Human Services (HHS), has vowed to "fix" the National Vaccine Injury Compensation Program (VICP), which compensates people who suffer rare side effects from vaccination. Experts warn that changes to the program could further upend the vaccine industry and make it more difficult for people to receive financial help for vaccine-related injuries.

According to Anna Kirkland, a professor at the University of Michigan and author of Vaccine Court, Kennedy is pursuing two opposite theories on changing VICP: making it easier and compensating more, or blowing it all up and fomenting skepticism. Art Caplan, head of the division of medical ethics at New York University's Grossman School of Medicine, notes that Kennedy's moves represent the latest battle in his "war on vaccines" that has been waged for decades. Kennedy has reported earning over $2.4m in income from referring vaccine-related cases to a law firm.

Key Takeaways:

  • Changing VICP could open up vaccine makers to more litigation, making it difficult for them to keep existing vaccines on the market or produce new ones.
  • The program was adopted in 1980 to prevent further instability in the vaccine market after manufacturers began leaving the market over litigation.
  • Currently, there are only a few vaccine makers left in the US, and most vaccines are not very lucrative for manufacturers.
  • Changing or eliminating VICP would make it more difficult for patients to have their cases addressed, and could lead to a decrease in vaccine uptake.
  • Kennedy has mentioned two concrete plans to change VICP: adding discovery to existing compensation claims and removing the backlog of claims.
  • The program rules already allow discovery at the discretion of special masters, but adding more special masters could help speed up claim processing.
  • Removing the backlog of claims could allow for clogged claims to be cleared, but would require communicating with special masters from the US Department of Justice.

Statistics:

  • In 1980, there were 18 companies in the US producing vaccines.
  • By 1990, there were only 4 vaccine-producing companies left in the US.
  • The VICP was established in 1986 to prevent further instability in the vaccine market.
  • Currently, most routine vaccines are covered under the VICP.
  • Since its inception, VICP has paid out hundreds of millions of dollars in compensation to victims of vaccine-related injuries.

Sources:

  • "Vaccine Court: The Law and Politics of Injury Compensation and Science", by Anna Kirkland (2009)
  • University of California, College of the Law, San Francisco (source of expert opinions by Dorit Reiss)
  • Art Caplan, head of the division of medical ethics at New York University's Grossman School of Medicine (expert opinions)
  • US Department of Health and Human Services (HHS) (reports of Robert F. Kennedy Jr.'s statements and actions)
  • "Bill to Repeal the Vaccine Injury Compensation Program" by Representative Paul Gosar (R-AZ)