Health and Me

Itisha Arya

Vaccine Court: Why More Americans Are Seeking Compensation For Rare Vaccine Injuries?

vaccine court

If you have never heard of the national <span>vaccine court</span>, you’re not alone. Tucked away just a few hundred yards from the White House, it operates quietly yet serves as a rare example of effective public policy, balancing the widespread societal benefit of vaccines with the rare cases of individual harm. Since its creation in the 1980s, the court has quietly paid out billions of dollars to Americans who claimed they were injured by vaccines. But what exactly is this “vaccine court,” and why are more people turning to it today?

<span>Vaccine</span> Court: What It Is and Why It’s Gaining Attention

The vaccine court is a specialized division of the United States Court of Federal Claims that deals with cases where a vaccine is alleged to have caused harm. While vaccines are overwhelmingly safe and effective, a small number of people experience serious side effects and can bring their claims to this court. Here, lawyers, doctors, scientists, judges, and sometimes activists examine the evidence to determine whether a vaccine likely caused a person’s medical problem, according to research from the University of Michigan.

With more vaccinations being administered in the U.S., there has been an uptick in people seeking compensation through the vaccine court. A recent report by CBS News highlighted the case of <span>Jacob Thompson</span>, a 14-year-old who can speak only a few words and struggles to walk short distances. At his six-month checkup, Jacob received a combination vaccine that included the recommended DTaP shots for diphtheria, tetanus, and pertussis, all considered safe in clinical trials. Hours later, he began experiencing seizures. Doctors initially hoped it was a one-time reaction, but his father recalls, “Within six months or less, he didn’t recognize us anymore and was slithering on the floor like a snake.”

<h2>What Is the Vaccine Injury Compensation Program (VICP)?</h2>

Congress and public health officials wanted to ensure vaccine manufacturers were protected from certain lawsuits, otherwise production could be threatened, putting public health at risk. In response, a bipartisan law created the Vaccine Injury Compensation Program (VICP). This program acknowledges that vaccines can sometimes cause harm while offering partial legal protection to manufacturers so they would continue producing vaccines.

The vaccine court is part of this program. It provides a simplified legal route for people claiming vaccine-related injuries. Cases are decided by one of eight special judges, known as special masters, rather than a jury. The system is no-fault, meaning petitioners do not have to prove negligence—only that it’s more likely than not that the vaccine caused the injury.

<h2>Understanding <span rel="noindex">Vaccine Table</span> Injuries</h2>The program uses a Vaccine Injury Table, which lists specific vaccines and the injuries associated with them. For example, if a child received a rubella vaccine and developed chronic arthritis within seven to 42 days, they could be eligible for compensation.

Some of the most common claims involve shoulder injuries from improperly administered shots. Injuries not listed on the table can also be filed, though about half of all claims are dismissed. The table has grown over time from six vaccines to 16, including the annual flu shot—but notably, it does not include COVID-19 vaccines. Autism is also not listed among eligible injuries.

COVID-19 vaccines are handled separately under emergency programs, which is why they are not part of the Vaccine Injury Table.

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If you have never heard of the national vaccine court, you’re not alone. Tucked away just a few hundred yards from the White House, it operates quietly yet serves as a rare example of effective public policy, balancing the widespread societal benefit of vaccines with the rare cases of individual harm. Since its creation in the 1980s, the court has quietly paid out billions of dollars to Americans who claimed they were injured by vaccines. But what exactly is this “vaccine court,” and why are more people turning to it today?Vaccine Court: What It Is and Why It’s Gaining AttentionThe vaccine court is a specialized division of the United States Court of Federal Claims that deals with cases where a vaccine is alleged to have caused harm. While vaccines are overwhelmingly safe and effective, a small number of people experience serious side effects and can bring their claims to this court. Here, lawyers, doctors, scientists, judges, and sometimes activists examine the evidence to determine whether a vaccine likely caused a person’s medical problem, according to research from the University of Michigan.With more vaccinations being administered in the U.S., there has been an uptick in people seeking compensation through the vaccine court. A recent report by CBS News highlighted the case of Jacob Thompson, a 14-year-old who can speak only a few words and struggles to walk short distances. At his six-month checkup, Jacob received a combination vaccine that included the recommended DTaP shots for diphtheria, tetanus, and pertussis, all considered safe in clinical trials. Hours later, he began experiencing seizures. Doctors initially hoped it was a one-time reaction, but his father recalls, “Within six months or less, he didn’t recognize us anymore and was slithering on the floor like a snake.”What Is the Vaccine Injury Compensation Program (VICP)?Congress and public health officials wanted to ensure vaccine manufacturers were protected from certain lawsuits, otherwise production could be threatened, putting public health at risk. In response, a bipartisan law created the Vaccine Injury Compensation Program (VICP). This program acknowledges that vaccines can sometimes cause harm while offering partial legal protection to manufacturers so they would continue producing vaccines.The vaccine court is part of this program. It provides a simplified legal route for people claiming vaccine-related injuries. Cases are decided by one of eight special judges, known as special masters, rather than a jury. The system is no-fault, meaning petitioners do not have to prove negligence—only that it’s more likely than not that the vaccine caused the injury.Understanding Vaccine Table InjuriesThe program uses a Vaccine Injury Table, which lists specific vaccines and the injuries associated with them. For example, if a child received a rubella vaccine and developed chronic arthritis within seven to 42 days, they could be eligible for compensation.Some of the most common claims involve shoulder injuries from improperly administered shots. Injuries not listed on the table can also be filed, though about half of all claims are dismissed. The table has grown over time from six vaccines to 16, including the annual flu shot—but notably, it does not include COVID-19 vaccines. Autism is also not listed among eligible injuries.COVID-19 vaccines are handled separately under emergency programs, which is why they are not part of the Vaccine Injury Table.