Introduction to the Vaccine Court
Health Secretary Robert F. Kennedy Jr., a longtime anti-vaccine activist, has promised not to “take away anybody’s vaccines.” However, experts say Kennedy can take steps that could drive drug companies to stop making vaccines entirely. In the 1980s, lawsuits fueled by the nascent anti-vaccine movement led more than a dozen manufacturers to stop producing vaccines, creating shortages, according to Dr. Paul Offit, director of the Vaccine Education Center at the Children’s Hospital of Philadelphia.
The National Vaccine Injury Compensation Program
Domestic vaccine production survived only because Congress stepped in to create a no-fault alternative to the traditional legal system, the National Vaccine Injury Compensation Program, or VICP, which protected vaccine makers from liability and created a special vaccine court to award financial damages to people harmed by vaccines, said Dr. Walter Orenstein, an infectious disease expert and emeritus professor of medicine at the Emory University School of Medicine. The program’s legal protections for plaintiffs and drugmakers have helped ensure the United States has a reliable supply of vaccines ever since, Orenstein said.
Kennedy’s Plans for the VICP
As health secretary, Kennedy has that program in his sights. Kennedy — who has long cast vaccine manufacturers as the enemy and has been involved in litigation against them — has amped up his attacks on the VICP, criticizing the program on social media and TV. In a July post on X, Kennedy disparaged the VICP as corrupt and “broken” and vowed to “fix it.” “The VICP routinely dismisses meritorious cases outright or drags them out for years,” Kennedy wrote. “Instead of ‘quickly and fairly’ awarding compensation, Special Masters dismiss over half of the cases.”
The Safety of Vaccines
Vaccines are overwhelmingly safe and have saved 154 million lives over the past five decades, according to the World Health Organization. But about 1 in 1 million vaccinations causes a serious injury, such as a life-threatening allergic reaction or Guillain-Barre syndrome, which can cause monthslong paralysis, Offit said. The Pharmaceutical Manufacturers of America, an industry group, said that the VICP doesn’t shield drug companies from all liability. People whose claims are denied by the VICP can still sue in a traditional court, said Andrew Powaleny, a PhRMA spokesperson.
Limitations of the VICP
The VICP is not without its limitations, said Dorit Reiss, a professor and vaccine policy expert at the University of California, San Francisco School of Law. The program desperately needs more resources to address the backlog of cases, Reiss said. The program also allows families only three years to make a claim, even though some potentially serious injuries might not become apparent for four or five years. Although members of Congress have tried to pass legislation several times to give the VICP more resources — including the ability to hire more special masters, who act as judges — the efforts have never succeeded.
Opening the Floodgates
The VICP compensates people who have been injured by any of the 16 routinely recommended pediatric vaccines, as long as the balance of medical evidence shows that their health problem is related to vaccines, Reiss said. So while VICP compensates people for severe allergic reactions, the program does not compensate people whose children develop autism, because research has found no link between autism and vaccines. Offit fears that Kennedy wants to add autism and other conditions to the VICP program. Kennedy has commissioned a report on the causes of autism and has said it would be released in September. An anti-vaccine activist, David Geier, was picked by Kennedy to write the report, so it’s likely that the paper will echo Kennedy’s claims linking vaccines to autism, Offit said.
Changing Vaccine Recommendations
In order for vaccines to be included in the VICP, they must be recommended by the Centers for Disease Control and Prevention, Reiss said. If a vaccine is removed from the agency’s recommendations, people who believe they have been injured by that vaccine could no longer bring claims to the vaccine court and instead would have to go through the legal system, she said. An onslaught of lawsuits in traditional courts could prompt drug companies to conclude that making vaccines costs them too much money, leading them to leave the market, experts say.
Conclusion
The VICP has played a crucial role in ensuring the United States has a reliable supply of vaccines. However, Kennedy’s plans to "fix" the program could have unintended consequences, such as driving drug companies to stop making vaccines entirely. It is essential to consider the potential risks and benefits of any changes to the VICP and to prioritize the safety and well-being of individuals who rely on vaccines to protect themselves and their communities.
FAQs
What is the National Vaccine Injury Compensation Program (VICP)?
The VICP is a no-fault alternative to the traditional legal system that protects vaccine makers from liability and creates a special vaccine court to award financial damages to people harmed by vaccines.
What are the limitations of the VICP?
The VICP has a backlog of cases and only allows families three years to make a claim, even though some potentially serious injuries might not become apparent for four or five years.
What are Kennedy’s plans for the VICP?
Kennedy has vowed to "fix" the VICP, which could involve adding new conditions to the program’s list of injuries or withdrawing recommendations for certain vaccines.
How could changes to the VICP affect vaccine production?
Changes to the VICP could drive drug companies to stop making vaccines entirely, leading to shortages and putting public health at risk.
What is the role of the Centers for Disease Control and Prevention (CDC) in the VICP?
The CDC recommends vaccines that are included in the VICP, and if a vaccine is removed from the agency’s recommendations, people who believe they have been injured by that vaccine could no longer bring claims to the vaccine court.
