Can Parents Still Sue Vaccine Manufacturers?

Have you heard the myth that vaccine manufacturers have no liability and that you can no longer sue them

Of course, it isn’t true.

After all, isn’t there a class action lawsuit against Merck about the mumps vaccine?

Can Parents Still Sue Vaccine Manufacturers?

The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.
The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.

Vaccines are safe, but they are not without some risks, so what happens if a child does suffer a vaccine injury? Hopefully, even if it is a rare life-threatening condition, they can get treated and improve, avoiding that particular vaccine in the future.

They can also file a petition with the Vaccine Court and if the reaction is determined to be caused by a vaccine, they can be compensated.

So parents don’t usually sue vaccine manufacturers directly – they go through Vaccine Court.

But that isn’t there only option…

Parents can still sue vaccine manufacturers:

  • if the claim is not related to vaccine injury
  • in state court for vaccine injury, as long as the claim is not of design defect, and as long as they have already gone through Vaccine Court

So it certainly isn’t true that “under no circumstance may you sue a vaccine manufacturer.”

What’s the benefit of going through Vaccine Court, “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions?”

For one thing, the majority of compensated claims in Vaccine Court are settled claims, in which “cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury.”

etitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.
Petitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.

It is likely that at least some of those claims wouldn’t win if they weren’t in Vaccine Court, where:

  • causation is presumed (you automatically win) if you are claiming a table injury
  • the rules for evidence are relaxed and expert testimony does not necessarily have to meet the  strict requirements of the Daubert standard
  • petitioners must meet a fairly lenient standard to win, the regular standard of proof for a civil trial (more likely than not), but only have to provide a plausible theory for vaccine injury. Instead of providing scientific evidence or proving causation, they simply have to provide a theory that “is ‘logical’ and legally probable, not medically or scientifically certain.”
  • you don’t have to show that the vaccine was defective to make your case

Another benefit of Vaccine Court? All lawyer fees are paid, whether you win or lose, and lawyers do not get part of the award if you win. In traditional court, lawyers might get up to thirty-three percent of your award.

What to Know About Vaccine Manufacturer Liability and Vaccine Court

Although they must usually go through Vaccine Court first, folks can still sue vaccine manufacturers in some cases.

More on Vaccine Manufacturer Liability and Vaccine Court

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5 thoughts on “Can Parents Still Sue Vaccine Manufacturers?

  1. So you can’t sue them directly first, so therefore they do have legal protection. What a stupid article and the millionth reason I would NEVER vaccinate.

  2. That’s actually not a class action lawsuit, that’s a whistleblower lawsuit, so no actual parents/consumers are involved. If your vaccine fails and you get sick from something you’re vaccinated against, you have no recourse. They just tell you that nothing is 100% effective. Well… how effective is it supposed to be? Hopefully something greater than zero, right? But how would you ever know?

  3. This website is full of misinformation and lies. Please look for other sources if you are a new parent just wanting to be informed of what harms are real whether you choose to vaccinate, space out vaccines or opt-out of vaccines, and remember the science is never settled. Also, when you hear correlation doesn’t equal causation, remember it may not, but correlation should be a red flag to investigate, which the CDC and WHO has not done or used as a source any true GOLD STANDARD (vaccinated vs non vaccinated) study. Never not once no matter what this site or any other tries to tell you. Robert Kennedy Jr. has already provided legal documentation proving this. As well as the Stanley Plotkins court deposition videos you can research for yourself! THIS IS THE MOST FAKE SICK NON COMPASSIONATE SITE you will come across when looking for the truth and to protect your child!

  4. This article is an utter nonsense; clearly the person who wrote it did not read the Act or perhaps did but can’t understand it. The act specifically bars people from claiming against the vaccine manufacturer for anything other than fraud which is why Merck is in court right now over the MMR vaccine – the lied about efficacy.

    No one can sue the vaccine manufacturer for death or injury caused by a vaccine.

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