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- Is there compensation for a Vaccine Reaction?

Last Updated: 9/24/2011

The short answer is yes, there is a "form” of compensation available, but it is sorely limited and the pharmaceutical company is not tied to it, or responsible for it, but rather, protected from it by the US court system.  For someone that has a severe reaction it will in no-way be everything they need to cope with the day-to-day needs of a severe brain injury, and certainly no punitive damages for loss of life.

According to the HRSA government website:

"On October 1, 1988, the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) created the National Vaccine Injury Compensation Program (VICP). The VICP was established to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines. The VICP is a no-fault alternative to the traditional tort system for resolving vaccine injury claims that provides compensation to people found to be injured by certain vaccines. The U. S. Court of Federal Claims decides who will be paid. Three Federal government offices have a role in the VICP:

§  the U.S. Department of Health and Human Services (HHS);

§  the U.S. Department of Justice (DOJ); and

§  the U.S. Court of Federal Claims (the Court).

The VICP is located in the HHS, Health Resources and Services Administration, Healthcare Systems Bureau, Division of Vaccine Injury Compensation.”

The VICP is funded by an excise tax on vaccines recommended by the CDC.  The Department of Treasury collects the taxes and manages the Fund’s investments. 

Vaccine Adverse Event Reporting System (VAERS)
VAERS is a Federal program used to report injuries or illnesses that occur after a vaccine is given. Filing a VAERS report is not the same as filing a claim with the VICP. VAERS and the VICP are different programs. For more information about VAERS, call 1-800-822-7967 or visit the VAERS website.   Anyone can report a vaccine injury, it does not have to be a physician or his office. 

In 1982 the four big drug companies (Merck, Wyeth, Lederle, Connaught) blackmailed Congress by threatening to stop selling vaccines in America unless a law was passed giving them complete immunity from prosecution.  It was becoming more widespread knowledge that the DPT vaccine was causing brain inflammation and death in many children, and the live polio vaccine was causing polio in children.  .  More and more people were coming out with their children’s vaccine injuries.  People were filing lawsuits to hold the drug companies responsible for their products. The book, DPT, A Shot in the Dark, by Barbara Loe Fisher and Harold Coulter was written in 1985.  30 years ago the pharmaceutical industry lobbied to get total liability protection for every vaccine that government regulates, recommends and mandates.  At that time parents successfully argued that if the drug companies were able to have partial liability protection through the FDA’s VICP, which was the alternative to a lawsuit, then language had to be written into the NCVIP that would protect a citizen’s right to sue drug companies when federal compensation was denied, or the company had the technological ability to make a vaccine less toxic but refused to do it.  By having continued civil liability, the drug companies still have some financial incentive to make their products safer and it gave some political incentive for government to award federal compensation to the vaccine injured individual.  *”On February 22, 2011 the U.S. Supreme Court shielded drug companies from all liability for harm caused by vaccines mandated by government when companies could have made a safer vaccine. From now on, drug companies selling vaccines in America will not be held accountable by a jury of our peers in a court of law if those vaccines brain damage us but could have been made less toxic.” 

Sources: 

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