In the 1980s, a growing number of lawsuits against vaccine manufacturers and healthcare providers threatened to cause vaccine shortages and reduce U.S. vaccination rates. To address this issue, Congress passed the National Childhood Vaccine Injury Act in 1986, creating the Vaccine Injury Compensation Program (VICP) – an alternative to the traditional tort system for resolving vaccine injury claims.
The Birth of the VICP
The VICP established a no-fault compensation system for individuals who suffered injuries or illnesses due to certain vaccines, typically those administered during childhood, including but not limited to flu, tetanus/Tdap, MMR, pneumococcal, Hepatitis B vaccinations. Rather than suing vaccine manufacturers or healthcare providers directly, claims are filed with the U.S. Court of Federal Claims, which is often referred to as the “vaccine court.”
This specialized court is responsible for evaluating vaccine injury claims and determining whether compensation should be awarded from the Vaccine Injury Compensation Trust Fund, which is funded by an excise tax on each dose of covered vaccine.
Differences from the Regular Court System
The vaccine injury court operates quite differently from traditional civil courts. Here are some key distinctions:
1) No-Fault System:
The VICP is a no-fault system, meaning that claimants do not have to prove that a vaccine manufacturer or healthcare provider was negligent. Instead, they must simply demonstrate that the injury or illness was likely caused by a covered vaccine and that a claimant meets certain criteria to receive compensation.
2) Special Masters:
Cases in the vaccine court are heard by Court-appointed Special Masters, who act as judges to oversee and adjudicate vaccine injury claims. Special Masters are responsible for reviewing medical records, expert testimony, and other evidence to determine whether a claim meets the required standard of proof and to issue Court rulings.
3) Injury Tables:
The VICP uses “Injury Tables” that list specific injuries and illnesses presumed to be caused by listed vaccines. If an individual’s injury and respective vaccination are listed on the table, the injury occurred within the specified time frame, there is no other explanation for the injury, then causation is typically presumed, simplifying the process.
4) Burden of Proof:
For injuries or illnesses not listed on the Injury Tables, claimants must provide preponderant evidence (more likely than not) that the vaccine caused their condition. This is a lower burden of proof than the “beyond a reasonable doubt” standard used in criminal cases.
5) Damages:
Compensation from the VICP is limited to pain and suffering, lost wages, reimbursement of any Medicaid lien related to treatment for the vaccine-injury, and out-of-pocket expenses.
In Conclusion
The vaccine injury court of the U.S. Court of Federal Claims has successfully resolved thousands of claims and provided compensation to individuals injured by covered vaccines. By offering an alternative to costly and time-consuming litigation, the VICP has helped ensure that those harmed by vaccines can receive fair compensation.
