Vaccine Injury Compensation Program Needs Reform, But Health Secretary's Proposed Changes Risk Jeopardizing Vaccine Access

Health Secretary Robert F. Kennedy Jr. has announced plans to overhaul the Vaccine Injury Compensation Program, but experts warn that some of the proposed changes could lead to an onslaught of lawsuits, jeopardize the manufacture of vaccines, and undermine their use. The program, which was established in 1986 to compensate Americans who prove they were harmed by vaccines while protecting manufacturers from litigation, is widely acknowledged as needing reform. However, the proposed changes risk favoring litigants with unproven claims that vaccines cause autism and other health issues.

Key Takeaways:

• The Vaccine Injury Compensation Program has paid $5.4 billion in claims since its inception, awarding compensation in about 42 percent of the roughly 28,000 claims filed.
• The program is slow, understaffed, and can feel adversarial to families legitimately in need, even though it has delivered compensation to many Americans who have been injured by vaccines.
• Health Secretary Robert F. Kennedy Jr. plans to overhaul the program, making it more efficient and speedier for Americans seeking payment, but experts fear that this could lead to an onslaught of lawsuits that jeopardize the manufacture of vaccines and undermine their use.
• Kennedy's harsh criticism of the program appears tied to his steadfast support of people who have lost in the court with unproven claims that vaccines cause autism.
• The program needs more staff to review medical records and an online system for families to track the status of their claims, but these changes can be implemented without congressional intervention.
• Changing the official table detailing the injuries presumed to be linked to certain vaccines could open the door to tens of thousands of new claims that would previously have been dismissed.
• The program's compensation fund has a $4 billion surplus, which could be applied to remedy these problems.

Statistics:

• $5.4 billion: Cumulative compensation paid to American families by the Vaccine Injury Compensation Program since 1986.
• 42%: Percentage of roughly 28,000 claims filed that were awarded compensation.
• 1,200: Average number of applications filed each year in the Vaccine Injury Compensation Program.
• 4,800: Number of Covid-19 vaccine injury claims that have been dismissed.
• 9,400: Number of Covid-19 vaccine injury claims that are pending.
• 14,000: Number of Covid-19 vaccine injury claims filed in the parallel Countermeasures Injury Compensation Program.

Sources:

• Christina Jewett and Apoorva Mandavilli, "Biden Administration Weighs Changes to Vaccine Injury Program Amid Covid Cases", The New York Times, 2022.
• Tony Yang, a health policy expert at George Washington University, interview with The New York Times.
• Altom Maglio, an attorney who has represented people in the vaccine court for 25 years, interview with The New York Times.
• Dr. Daniel Salmon, director of the Institute for Vaccine Safety at Johns Hopkins Bloomberg School of Public Health, interview with The New York Times.
• Dorit Reiss, a law professor at the University of California, San Francisco, interview with The New York Times.
• Rolf Hazlehurst, a lawyer with Children's Health Defense, interview with The New York Times.