Tag: NVICP

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

So you likely know that there were a bunch of lawsuits against manufacturers of the DPT vaccine in the early and mid 1980s.

“As the number of lawsuits grew to hundreds during the early 1980s, the pharmaceutical companies making vaccines saw their liability insurance bills soar. Worried not only about multimillion-dollar settlements, but also even the legal costs of defending themselves successfully, several companies simply stopped making vaccine.”

How a Media Scare On Vaccine Started a ‘near-Epidemic’

That’s why the National Vaccine Injury Compensation Act passed in 1986, creating the National Vaccine Injury Compensation Program and the Vaccine Court.

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

But did those DPT vaccine lawsuits prove that vaccines aren’t safe?

Is that why vaccine manufacturers needed help to limit their liability?

“The total amount claimed in 1984 DTP vaccine suits ($1.3 billion) is more than 20 times the total value of 1984 sales of DTP vaccine at the market price of $2.80 per dose.”

Hinman on DTP Vaccine Litigation

Of course not!

While the older DPT vaccine did cause more local reactions, pain, and fever than the newer DTaP vaccine that replaced it, all of the serious reactions that triggered the lawsuits were later found to not be caused by the vaccine.

Most of the DPT lawsuits were thought to be frivolous.

That’s not surprising, as the same vaccine lawsuits that were succeeding in driving vaccine manufacturers out of business in the United States were failing in the UK and Canada!

This included the Loveday judgment in Great Britain’s High Court of Justice, Queen’s Bench Division and the Rothwell judgment in the Supreme Court of Ontario, Canada, both decided in 1988, with justices ruling that there was “insufficient evidence to demonstrate that pertussis vaccine can cause permanent brain damage in children.”

Similar cases were succeeding in the US though..

“The number (and dollar value) of suits increased in 1982, a year when broadcast and print media began to devote considerable attention to the alleged hazards associated with the use of pertussis-containing vaccines. Most of the media coverage has emphasized alleged risks of pertussis vaccines and has given relatively little attention to the benefits of their use.”

Hinman on DTP Vaccine Litigation

Most experts knew that most of the lawsuits were frivolous, but they weren’t able to stop the damage that was to come, as:

  • the DPT: Vaccine Roulette special aired on TV
  • Barbara Loe Fisher, believing that her child was damaged by the DPT vaccine, formed the Dissatisfied Parents Together organization and wrote the book DPT: A Shot in the Dark, which later influenced Bob Sears
  • there were temporary shortages of DTP vaccine in 1984, as “two of the three American manufacturers of the product decided to halt or restrict its sales.”

What else happened? I mean besides all of the studies proving the DPT vaccine was safe?

Parents who had been scared by the DPT controversy were ready and primed when Andy Wakefield showed up and told them that they had something new to worry about – the MMR vaccine and autism.

And of course, pertussis is now returning, as more parents are scared to vaccinate their kids and the newer DTaP vaccine isn’t as effective as DPT.

More on Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

What Do Anti-Vaccine Folks Actually Know About Vaccines?

Anti-vaccine folks are spreading another quiz around…

It’s not the questions that automatically makes you think the quiz is anti-vaccine though. It’s how you just know anti-vaccine answers will be very different from someone who actually does know something about vaccines.

What Do Anti-Vaccine Folks Actually Know About Vaccines?

If you are anti-vaccine, you likely believe that vaccines are dangerous, full of toxins, and that they don’t even work. That gives other folks a giant hint as to how you would answer these 32 questions…

1. Can you name 5 vaccine ingredients?
Yes. I can also name what’s not in vaccines, including heavy metals, hidden ingredients, toxins, antifreeze, lead, glyphosate, vaginal spermicides, etc.
AV answerall vaccines contain toxic ingredients!
2/3. What is MRC-5/WI-38?
These are immortalized cell lines that are used to make some vaccines. These cell lines are derived (they can replicate infinitely) from fetal embryo fibroblast cells from two electively terminated pregnancies (abortions) in the 1960s. The cells used today are descendants of the original cells.
AV answerthere are aborted baby parts in our vaccines!
4. What is vaccine court?
The Vaccine Court is part of the National Vaccine Injury Compensation Program (VICP) and decides if the claims should be compensated or dismissed, etc.
AV answervaccine court proves that vaccine injuries are real.
5. What is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (VICP) was created as “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions.”
AV answerthe National Vaccine Injury Compensation Program (VICP) proves that vaccine injuries are real.
6. What is the 1986 National Childhood Vaccine Injury Act?
The National Childhood Vaccine Injury Act of 1986 established the VICP, the Vaccine Injury Compensation Trust Fund, the National Vaccine Program Office, VAERS, and required that health care providers give a Vaccine Information Statement to anyone getting a vaccine.
AV answerthe 1986 National Childhood Vaccine Injury Act should be repealed because it removed all liability from vaccine manufacturers.
7. How has the CDC schedule changed since 1986?
The immunization schedule has changed to include vaccines to protect kids against meningitis, pneumonia, blood infections, severe dehydration, epiglottitis, and cancer from Hib, pneumococcal disease, rotavirus, hepatitis B, hepatitis A, chicken pox, HPV, and meningococcal disease.
AV answerit has ballooned and exploded with 300 more vaccines in the pipeline!
8. How much money has been paid out by vaccine injury court?
Since the National Vaccine Injury Compensation Program began, in 1988, almost $3.5 billion dollars have been paid out for 4,899 compensated awards, the majority of which were settled, and during which time over 2.5 billion doses of vaccines were given.
AV answer$3.5 billion dollars, which proves that vaccine injuries are real!
9. How many doses of vaccines are in the CDC schedule between birth and age 18?
By age 18 years, today’s kids get 54 doses of 13 vaccines that protect them against 16 vaccine-preventable diseases, with a third of those doses coming from yearly flu vaccines.
AV answer72 doses!
10. Do vaccines contain DNA from aborted fetal cell lines? If so, which vaccines?
Residual, highly fragmented DNA is sometimes found in vaccines that are made using the MRC-5/WI-38 cell lines.
AV answervaccines contain aborted fetal tissue.
11. Do any vaccines contain dog, monkey, pig, or human DNA?
Residual DNA, if found in vaccines, is not a cause for concern. It is typically a function of growing vaccine viruses in mammalian cell lines.
AV answerdog, monkey, pig, and human DNA contaminate vaccines and will turn us all into mutant dog-monkey-pig-human hybrids.
12. What is an adjuvant?
An adjuvant in a vaccine can increase the body’s immune response to an antigen, allowing you to use a smaller amount of antigen, which is important, as it is the antigens that typically cause side effects.
AV answerAdjuvants in vaccines have never been tested and they trigger vaccine injuries and disease.
13. What is an antigen?
An antigen is a substance, often part of a virus or bacteria, that can stimulate an immune response and the production of antibodies. Surprisingly, even though kids get more vaccines than they used to, those vaccines contain far fewer antigens than older vaccines.
AV answerwe don’t care about antigens anymore, because all of the other vaccine ingredients are toxic.
14. Which arms of the immune system do vaccines stimulate?
It actually depends on the vaccine, but this is about the differences between innate (nonspecific and without memory) and adaptive immunity, which typically interact with each other, whether it is to create natural or vaccine induced immunity.
AV answerI don’t care which arm you try to give it to them, my kids aren’t getting vaccinated!
15. Which arms of the immune system do natural diseases stimulate?
As with vaccines, it depends on the disease.
AV answerEven if you offer to give the shot in their legs, my kids aren’t getting vaccinated!
16. What is transverse myelitis?
Transverse myelitis is a type of inflammation of the spinal cord, causing weakness and paralysis, and typically triggered by infections, immune system, inflammatory, and vascular disorders.
AV answertransverse myelitis is a vaccine injury.
17. What is encephalopathy?
Almost anything can cause encephalopathy, leading to diffuse brain disease and dysfunction.
AV answerencephalopathy is a vaccine injury.
18. What is the rate of autism in 2018? What was it in 2000? What was it in 1980?
The reported rate of autism has increased since 1980 because of better recognition, diagnostic substitution, broadening of the diagnostic criteria, and social influences. Vaccines are not associated with autism.
AV answervaccines cause autism. If it isn’t the MMR vaccine, then it is thimerosal, or maybe aluminum. Or it could be glyphosate. It is definitely vaccines though.
19. What is glyphosate? Is it in vaccines?
Glyphosate, a weed killer (Roundup) made by Monsanto is not in any vaccines.
AV answerbecause glyphosate is everywhere, including in vaccines, half of all children will be autistic by 2025.
20. If your child is injured who will take physical, emotional and financial responsibility?
If a child has a true vaccine injury, compensation from the National Vaccine Injury Compensation Program (VICP) will hopefully help with your financial responsibilities.
AV answeryou can not sue vaccine manufacturers, so they have no liability if your child is injured by a vaccine.
21. What was the Supreme Courts statement on vaccines in 2011?
In 2011, the Supreme Court decided Bruesewitz v. Wyeth, in which they used the infamous unavoidably unsafe terminology, which has been misunderstood by anti-vaccine folks ever since.
AV answerthe Supreme Court said that vaccines can never be safe.
22. Can you find a study showing vaccinated vs unvaccinated health outcomes?
Yes, yes I can. A large study, “Vaccination Status and Health in Children and Adolescents Findings of the German Health Interview and Examination Survey for Children and Adolescents (KiGGS),” found that unvaccinated kids weren’t healthier, they just had more measles, mumps, rubella, and pertussis.
AV answerthe Mawson study (published in a pay-to-publish journal after being retracted two other times) proves that unvaccinated (homeschooled) kids are healthier than vaccinated (homeschooled) kids.
23. Can you find a safety study proving it is safe to inject multiple vaccines?
Yes, yes I can. There are many studies that prove that it is safe to give multiple vaccines at the same time.
AV answervaccines have never been tested together.
24. Do vaccines shed?
A few vaccines do shed, including the rotavirus vaccines (in stool, so wash your hands when changing diapers) and oral polio vaccines, which haven’t been used in the United States since 2000. Although FluMist can shed, since the vaccine contains attenuated viral strains of the flu that are temperature-sensitive, it isn’t a problem, except maybe for someone who is severely immunocompromised.
AV answerour unvaccinated kids are at risk during shedding season!
25. Which vaccines can shed for up to 6 weeks?
The oral polio vaccine, which hasn’t been used in the United States since 2000, can likely shed for up to 6 weeks. This type of shedding is one of the reasons this weakened live virus vaccine is preferred over the inactivated polio vaccine when polio is still common in an area. In areas with poor hygiene and sanitation, the shedding (in stool) can lead to a type of passive immunization and improved herd immunity!
AV answershedding season is coming!
26. Which vaccines are live virus vaccines?
Attenuated, live virus vaccines which contain a weakened version of a virus include MMR, Varivax (chicken pox), the rotavirus vaccines, FluMist, the yellow fever vaccines, the oral polio vaccine, and vaccines against typhoid, cholera, adenovirus, and smallpox.
AV answerunvaccinated children are at risk from shedding if they are around kids who have gotten a live virus vaccine, especially during shedding season.
27. What is the Vaccine Injury Compensation Program (VICP)?
This is the same thing as the National Vaccine Injury Compensation Program (VICP) in question 5…
AV answerwe need to repeal both the NVICP and the VICP!
28. What is SV40?
Simian virus 40 was found to contaminate polio vaccines from 1955 through 1963. Fortunately, it has not been found to cause any disease in the folks who got those vaccines.
AV answervaccines are contaminated with monkey viruses and cause cancer.
29. What is MTHFR and how does it affect the body’s response to vaccines?
True MTHFR gene mutations rarely cause homocystinuria. Folks are more likely to hear about MTHFR polymorphisms, which are typically normal and have no affect on vaccines or anything else.
AV answerno one should not get vaccinated if they have MTHFR mutations or signs of MTHFR.
30. What is an acceptable amount of aluminum to be ingested per day versus the aluminum content in the Hep B shot given at birth, 2 months, and then again at 4 months?
Although there are limits on aluminum that premature neonates and infants getting daily intravenous fluids and IV feeding solutions over prolonged periods of time, that doesn’t mean that aluminum in vaccines that infants get every few months isn’t safe. It is. And they are.
AV answerinfants are getting toxic amounts of aluminum in their vaccines!
31. Can someone who was vaccinated for pertussis still spread pertussis after being exposed to it? If so, for how long?
Maybe. A study in baboons said it is possible. More importantly though, you are much more likely to get pertussis if you are unvaccinated, will have more severe symptoms, and will likely get more people sick.
AV answervaccinated people are the ones starting pertussis outbreaks.
32. What is the death rate from measles in the past 10 years in the U.S. compared to the death rate from the MMR vaccine in the past 10 years?
Deaths from measles are now rare in the United States because most people are vaccinated and protected. And unless you are looking at VAERS reports, the deaths from the MMR vaccine are also very rare. We will have more and more measles outbreaks if folks don’t get vaccinated though, increasing the risk of another measles death.
AV answermeasles is a mild disease that was on the Brady Bunch, and MMR is an unnecessary vaccine kills tons of people.

How did you answer the questions?

What Do Anti-Vaccine Folks Actually Know About Vaccines?

Vaccines and the Government Shutdown

Think that everything related to vaccines and vaccine-preventable diseases are exempted during a government shutdown?

“A shutdown furlough (also called an emergency furlough) occurs when there is a lapse in appropriations, and can occur at the beginning of a fiscal year, if no funds have been appropriated for that year, or upon expiration of a continuing resolution, if a new continuing resolution or appropriations law is not passed. In a shutdown furlough, an affected agency would have to shut down any activities funded by annual appropriations that are not excepted by law. Typically, an agency will have very little to no lead time to plan and implement a shutdown furlough.”

Pay & Leave Forlough Guideance

Nearly half of government employees have been furloughed without pay since the beginning of the most recent government shutdown, while some others are working without pay.

Vaccines and the Government Shutdown

Among those government employees who have been furloughed include nearly 40% of the staff at U.S. Department of Health and Human Services (HHS).

It would have been much more if much of HHS’s operating divisions, representing about 60% of HHS staff, had not already been funded through September 2019. So the CDC and NIH should be working as usual.

Some HHS divisions that are funded through Agriculture and Interior appropriations were hit by the shutdown though, including the EPA, FDA, and Indian Health Service.

The FDA works to regulate and approve vaccines. Will that work be affected by the shutdown?

Some of the work at the FDA is done via user fees instead of government funding, but that money is running out and they can't accept new user fees!
Some of the work at the FDA is done via user fees instead of government funding, but that money is running out and they can’t accept new user fees!

Maybe…

Most other vaccine programs likely won’t be affected though.

  • Center for Biologics Evaluation and Research (CBER) – regulates vaccine products and is financed by user fees, so doesn’t depend on government funding. Except that they can’t accept new user fees!
  • Vaccines For Children Program – already funded through the Centers for Medicare & Medicaid Services (CMS) to the Centers for Disease Control and Prevention
  • National Vaccine Injury Compensation Program – funded by an excise tax on vaccines
  • VAERS – co-administered by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA), it is still up and running…
  • National Vaccine Program Office – funded through HHS
  • National Science Foundation – closed and no new funding opportunities will be issued and no payments will be made.
  • National Institutes of Health – funded

We are already hearing stories about what is happening as the Indian Health Service goes unfunded.

What happens if CBER runs out of money? Unfortunately, we may soon find out.

More on Vaccines and the Government Shutdown

Are Flu Deaths Exaggerated?

A lot of people die with the flu each year.

How many? Exactly? That’s hard to know for sure.

We know how many kids die with the flu, because pediatric flu deaths are a nationally reportable condition.

At least we think we know. There were 185 reported pediatric flu deaths during the 2017-18 flu season.

“However, influenza-associated pediatric deaths are likely under-reported as not all children whose death was related to an influenza virus infection may have been tested for influenza. Therefore, we used a mathematical model to estimate the total number of pediatric deaths based on hospitalization rates and the frequency of death in and out of the hospital from death certificates, estimating that there were more than 600 deaths associated with influenza in children.”

Estimated Influenza Illnesses, Medical visits, Hospitalizations, and Deaths in the United States — 2017–2018 influenza season

The true number of pediatric flu deaths was probably far higher than the number that has been reported.

Estimating Flu Deaths

Whether or not flu deaths are a nationally reportable condition, how do we know how many people actually die with the flu each year?

“CDC does not know exactly how many people die from seasonal flu each year.”

Estimating Seasonal Influenza-Associated Deaths in the United States

Instead of counting each and every death, statistical models are used by the CDC and other public health agencies to estimate the number of seasonal flu-related deaths each year.

“For these and other reasons, statistical modeling strategies have been used to estimate seasonal flu-related deaths for many decades. Only counting deaths where influenza was included on a death certificate would be a gross underestimation of seasonal influenza’s true impact.”

Frequently Asked Questions about Estimated Flu Burden

And these statistical models that have been improved and updated over the years. That’s why instead of the general “36,000 flu deaths a year” that we used to see, we get more specific estimates of flu deaths each and every year.

CDC estimates that influenza has resulted in between 9.3 million – 49.0 million illnesses, between 140,000 – 960,000 hospitalizations and between 12,000 – 79,000 deaths annually since 2010.”

Disease Burden of Influenza

Why such a big range in the estimates?

Some flu seasons are worse than others.

The 2017-18 flu season, for example, was especially bad, “with an estimated 48.8 million people getting sick with influenza, 22.7 million people going to a health care provider, 959,000 hospitalizations, and 79,400 deaths from influenza.”

Were there definitely 79,400 deaths?

No, again, that’s an estimate. There were likely somewhere between 69,000 (low range of the estimate) and 99,000 (high range of the estimate) flu deaths.

It’s hardly a guess though, as anti-vaccine folks seem to imply.

The estimates come from analyzing data from the Influenza Hospitalization Surveillance Network (FluSurv-NET), which is made up of 267 acute care hospitals and laboratories in 13 states and has comprises over 27 million people.

Are Flu Deaths Exaggerated?

Not surprisingly, anti-vaccine folks don’t like to hear about deaths from vaccine-preventable diseases. They would much rather exaggerate the risks of vaccine injuries!

Minimizing the risks of vaccine-preventable disease comes straight from the anti-vaccine propaganda playbook.
Minimizing the risks of vaccine-preventable disease comes straight from the anti-vaccine propaganda playbook.

And guess what? None of the folks challenging the CDC’s “influenza math” seem to be epidemiologists or statisticians. They are just folks who want to scare you away from getting a flu shot.

“It takes little subtlety to recognize that the principal reason for flu hyperbole is to sell more vaccines. However, more and more people—even infectious disease specialists—are realizing that flu shots are fraught with problems. Roughly four-fifths of the vaccine injury and death cases settled through the National Vaccine Injury Compensation Program are flu-vaccine-related.”

Robert F. Kennedy, Jr on The CDC’s Influenza Math Doesn’t Add Up: Exaggerating the Death Toll to Sell Flu Shots

Speaking of flu hyperbole, Kennedy doesn’t mention that there have only been about 2,500 flu-vaccine related compensated cases through the National Vaccine Injury Compensation Program since 2006, even though at least 1,372,400,000 doses (yes, that billions!) of flu vaccine have been distributed since that time!

And although Kennedy calls those all “vaccine injury and death cases,” folks should be aware that since 1988, the number of “death cases” is far fewer than 2,500. In fact, there have been 157 filed death cases in the NVICP for the flu vaccine among billions of doses of flu vaccine given. Even then, we don’t actually know how many of those 157 cases were compensated, settled, or dismissed. It’s still a relatively small number though.

Vaccines are safe. The flu, like other vaccine-preventable diseases, is deadly. If you don’t believe the estimates, go visit an ICU during flu season and verify just how deadly the flu can be.

Get a flu vaccine each year and get protected against the flu.

More on Flu Deaths

What Are the Side Effects of the Flu Vaccine?

Like other vaccines, flu vaccines can have side effects.

Fortunately, most of those side effects are mild.

What Are the Side Effects of the Flu Vaccine?

Not surprisingly, a lot of things that get blamed as being caused by flu vaccines are not actually side effects.

Did you actually get the flu in the days or weeks after your flu vaccine?

That’s not a side effect of your flu vaccine. Neither the inactivated flu shot, nor the attenuated FluMist can actually cause a flu infection.

Did you get a little sore at the site where you got your flu shot?

That’s a common side effect to getting a flu shot.

So is having some redness and swelling at the site, all of which begin soon after getting the shot and go away in a few days. You can also get a headache, fever, nausea, and muscle aches or signs and symptoms of an allergic reaction.

Do you have a runny nose or a cough? Side effects of the nasal spray flu vaccine can include a few days of runny nose, wheezing, headache, vomiting, muscle aches, fever, sore throat and cough.

Again, a bad cough and cold after a flu shot isn’t a side effect of the vaccine though.

Remember, correlation does not imply causation.

If you found out you were pregnant shortly after getting a flu shot, you wouldn’t think they were associated, would you?

What about narcolepsy?

“An increased risk of narcolepsy was found following vaccination with Pandemrix, a monovalent 2009 H1N1 influenza vaccine that was used in several European countries during the H1N1 influenza pandemic.”

Narcolepsy Following Pandemrix Influenza Vaccination in Europe

Although the focus has been on the Pandemrix flu vaccine as a trigger for narcolepsy in some countries (the vaccine wasn’t used in the United States), interestingly, several countries that weren’t using the vaccine also saw a spike in narcolepsy cases as the 2009 H1N1 pandemic hit.

Doctors and pharmacies rarely give away flu shots for free. They might not charge a copay sometimes because they are getting paid by your insurance company!
Doctors and pharmacies rarely give away flu shots for free. They might not charge a copay sometimes because they are getting paid by your insurance company!

What about all of the reports of severe reactions and deaths after getting a flu shot that you might hear about? In addition to vaccine injury stories, those reports are to VAERS and typically are not causally related to getting a vaccine.

Why are there so many reports to VAERS and the NVICP about flu vaccines? Since 2006, over 1.6 trillion doses of flu vaccine have been distributed in the United States, which equals about the total of all other vaccines we use.

What Are the Side Effects of This Year’s Flu Shot

Even when folks understand that flu vaccines don’t typically cause serious side effects, the question always comes up whether or not this year’s flu shot is causing more side effects than usual.

That’s actually not unreasonable, even when you consider that the biggest change in most flu vaccines from year to year is the strain of flu viruses they include, and not any of the other ingredients.

In addition to the Pandemrix flu vaccine, in 2010, the use of one brand of flu vaccines in Australia was suspended because they were causing more side effects (fever and febrile seizures) in young children than expected.

“The studies flesh out preliminary findings from CSL in June 2012, which said that the manufacturing process retained more virus component than that of other manufacturers and that the 2010 virus components triggered an excessive immune response in some young kids.”

CSL studies shed light on 2010 flu vaccine seizures

So are there any more side effects this year?

No, there is no evidence of increased side effects from this year’s flu vaccines

More on Flu Vaccine Side Effects

The National Vaccine Injury Compensation Program Payouts Prove that Vaccines are Dangerous

Have you heard this argument?

Misinformation about the NVICP, like from this Focus for Health article, likely helps confuse and scare many parents.
Misinformation about the NVICP, like from this Focus for Health article, likely helps confuse and scare many parents.

Apparently, some folks think that because we have a National Vaccine Injury Compensation Program that compensates those who have serious problems after a vaccine, even deaths, then it must mean that vaccines are dangerous.

Do the National Vaccine Injury Compensation Program Payouts Prove that Vaccines are Dangerous?

To most other people, that argument doesn’t hold water.

Why?

Because we know that:

  • the National Vaccine Injury Compensation Program is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions
  • of over 3.1 billion doses of vaccines that were distributed in the United States between 2006 and 2016, there were 3,749 compensated claims through the NVICP
  • almost 80% of all compensated awards by the NVICP come as a “result of a negotiated settlement between the parties in which HHS has not concluded, based upon review of the evidence, that the alleged vaccine(s) caused the alleged injury.”
  • the NVICP settlements are funded by an excise tax on vaccines
  • the NVICP cases are published by the U.S. Court of Federal Claims, so all information is disclosed to the public and no safety concerns are hidden

So what does the National Vaccine Injury Compensation Program (VICP) really prove?

It proves that true vaccine injuries are very rare – about 1 in a million rare.

It proves that while vaccines are not 100% safe, they are very safe.

Certainly safer than the complications of a vaccine-preventable disease.

And it proves that anti-vaccine arguments are very easy to refute

More on the NVICP and Vaccine Safety

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