In 1986, the U.S. Congress passed the National Childhood Vaccine Injury Act (NCVIA), which established the Vaccine Injury Compensation Program (VICP). This legislation was a response to a significant increase in lawsuits against vaccine manufacturers, driven by claims of vaccine-related injuries. The Act aimed to stabilize the vaccine supply by immunizing manufacturers from most liability, while providing a streamlined process for compensation to individuals who suffered vaccine-related injuries.
The Context
Prior to the NCVIA, vaccine manufacturers faced an escalating number of lawsuits due to alleged vaccine-related injuries. These lawsuits posed a threat to the stability of vaccine production and distribution, potentially leading to shortages and public health crises.
The Waiver of Liability
The NCVIA provided vaccine manufacturers with significant liability protections. Under this Act, manufacturers are shielded from most lawsuits related to vaccine injuries. Instead, individuals seeking compensation for vaccine-related injuries must go through the Vaccine Injury Compensation Program (VICP).
The Result? Increase in Vaccines
Following the implementation of the NCVIA, there has been a notable increase in the number of vaccines introduced into the market and to the childhood schedule. The liability protection provided by the Act encouraged pharmaceutical companies to invest in vaccine development, leading to the expansion of immunization programs.
With no liability or even true safety measures in place, vaccine companies can market their product as “safe and effective” and it if it injures or harms you or your child it’s not their problem nor does it hurt their profit.
**update - 2024 is now 90 doses of 22 vaccines by the age of 18**
Challenges in the Compensation Process
While the VICP offers a mechanism for individuals to seek compensation for vaccine-related injuries, the process is notoriously complex and challenging. Claimants must meet stringent criteria to establish a causal link between the vaccine and the injury, often requiring expert medical testimony and extensive documentation.
Government as Adversary
One of the most contentious aspects of the VICP is that claimants essentially find themselves in opposition to the government rather than the pharmaceutical companies. The Department of Health and Human Services (HHS) oversees the VICP and serves as the defendant in vaccine injury cases, creating a perceived conflict of interest and a power imbalance for claimants.
Maximum Compensation
Even if successful, compensation awards under the VICP may not fully cover the financial and emotional toll of vaccine-related injuries. The maximum compensation for a vaccine-related injury resulting in death is $370,376 as of 2022, while non-fatal injuries vary in compensation amounts.
Safety and Credibility Concerns
The waiver of liability for vaccine manufacturers and the centralized compensation process raise legitimate concerns about the safety and credibility of the vaccination program. Critics argue that the lack of financial accountability may incentivize lax safety standards and undermine public trust in vaccines.
In simpler terms, vaccine manufacturers were being sued for injuring individuals with their product, but instead of shutting it down, the government stepped in and waived all of the liability for the companies so that they could continue to make vaccines, I mean after all “Vaccines saved the world” right?!
What followed was a tidal wave of vaccines being added to the childhood schedule and as a result the United States has the highest infant mortality rate, highest maternity mortality rate, highest medical error rate, and the lowest life expectancy in the world.
The Liability is All on You
The 1986 National Childhood Vaccine Injury Act fundamentally transformed the landscape of vaccine liability in the United States, providing manufacturers with crucial protections while establishing a nightmare of a compensation framework for vaccine-related injuries. The Act's implementation has sparked debates regarding its fairness, transparency, and impact on public health and rightly so.
Addressing these concerns is essential to maintaining trust in vaccination programs and ensuring the safety and efficacy of vaccines, the likes of which do not exist.