Vaccine court

Vaccine court is a popular term for the Office of Special Masters of the U.S. Court of Federal Claims, which administers a no-fault system for litigating vaccine injury claims. These claims against vaccine manufacturers cannot normally be filed in state or federal civil courts, but instead must be heard in the Vaccine Court, a special court in Washington, D.C.

History

The Vaccine Court was established by the National Childhood Vaccine Injury Act (NCVIA) of 1986. The NCVIA was an attempt to shield vaccine manufacturers from financial liability in the wake of a surge in vaccine injury claims and lawsuits. The act aimed to ensure a stable market supply of vaccines, and to establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines.

Function

The Vaccine Court handles claims for vaccine-related injuries or death. Claims are adjudicated by the Court of Federal Claims, which makes decisions based on medical records, doctors' opinions, and, in some cases, a live hearing. The court's decisions can be appealed to the Federal Circuit Court of Appeals and ultimately to the Supreme Court.

Compensation

If the Vaccine Court determines that a claimant's injury or death was caused by a vaccine, it can award compensation for actual and projected future medical expenses, loss of future earning capacity, up to $250,000 for pain and suffering, and a maximum of $250,000 for a vaccine-related death. The funds for compensation come from the Vaccine Injury Compensation Trust Fund, which is funded by a $0.75 excise tax on every dose of covered vaccine that is purchased.

Criticism

Critics of the Vaccine Court argue that it is too lenient in its standards for proving vaccine injury, that it is biased in favor of vaccine manufacturers, and that it lacks transparency. Others argue that the court is necessary to protect vaccine manufacturers from potentially ruinous lawsuits, and to ensure that vaccines remain widely available.

See also

• Vaccine Adverse Event Reporting System
• National Vaccine Injury Compensation Program
• Vaccine injury table
• Vaccine controversy