The Vaccine Court: A Complex System in Need of Reform

Strategic Insights -

The Vaccine Injury Compensation Program, commonly known as the "vaccine court," has been in operation for nearly four decades, providing a unique system for individuals who suspect they have been harmed by a vaccine to seek compensation. While the court has been successful in establishing a process for determining who deserves compensation for a legitimate vaccine injury, it has also faced criticism and calls for reform. Health and Human Services Secretary Robert F. Kennedy Jr., a long-time critic of the court, has suggested changing the system, but his plans are unclear, and the process of reforming the court is complex and contentious.

Key Takeaways:

  • The Vaccine Injury Compensation Program was established in 1986 by an act of Congress to address possible vaccine injuries to children from the whole-cell pertussis vaccine.
  • The program has expanded to include vaccines for pregnant women, but still excludes vaccines for adults, such as shingles, and COVID-19 vaccines, which are handled through a separate system.
  • The vaccine court has a trust fund built up through a 75-cent excise tax on each dose of covered vaccine sold, which pays for awards to petitioners and their attorneys, whether they win or lose.
  • The court's caseload has grown dramatically as more vaccines have been covered, and the law supplies only eight special masters to hear all cases, with a damages cap of $250,000 that has not been adjusted for inflation.
  • The statute of limitations for an injury is three years, but many people file too late and miss their chance for compensation.
  • Adding autism to the list of recognized injuries is within Kennedy's powers, but it would require a lengthy administrative process and could be linked to major scientific reviews of its validity.
  • Targeting vaccine manufacturers could be another approach, with lawsuits against manufacturers going straight to regular courts, potentially dismantling the vaccine court.
  • People claiming vaccine injuries could return to personal injury lawsuits in the civil justice system instead of vaccine court.

Statistics:

  • 75 cents: the excise tax on each dose of covered vaccine sold, which builds up the trust fund to pay for awards to petitioners and their attorneys.
  • 3 years: the statute of limitations for an injury, which many people file too late and miss their chance for compensation.
  • $250,000: the damages cap in the vaccine court, which has not been adjusted for inflation.
  • 939 medical articles: the number of articles that have been cited in the vaccine court's consideration of autism as a vaccine injury.

Sources:

  • The Conversation: 4 Out of 5 US Troops Surveyed Understand the Duty to Disobey Illegal Orders
  • Health and Human Services: Vaccine Injury Compensation Program
  • Department of Justice: Vaccine Injury Compensation Program
  • National Childhood Vaccine Injury Act of 1986
  • The New York Times: Robert F. Kennedy Jr. Vows to Overhaul Vaccine Court
  • The Washington Post: HHS Announces Revival of Childhood Vaccine Safety Task Force
  • Texas Vaccine Lawyers: A Legal Battle for Inclusion: Petition Filed to Add COVID-19 Vaccine to the VICP
  • Rep. Doggett's Press Release: Rep. Doggett Files Legislation to Modernize Vaccine Injury Compensation Program
  • NBC News: RFK Jr. Sued by Pediatricians, Medical Groups Over COVID Vaccines