For nearly 40 years, people who have been suspected have been harmed by a Rheumatic I managed to resort to an unknown system called Vaccine injury compensation program Often the vaccine court is simply called.
The Minister of Health and Humanitarian Services was Robert F. Kennedy Junior has long been a critic of the Court of Vaccine, You call it “Biased” against the compensation of people, slow and unfair. He said he wanted it “revolution” or “Feel” This system.
I Researcher in law, health and medicine. I have searched in history, politics and discussions on the vaccine replacement program in my book “The vaccine court: the law and policy of injury“
Although vaccines It was widely tested and monitoredand They are both very safe For the vast majority of people and Very costly effectiveSome people will face a harmful reaction to the vaccine. The vaccine court determines a way to know who these people are and provide them with justice.
After I studied the vaccine for 15 years, I agreed that he could use some installation. But changing it will be difficult and perhaps harmful to public health.
Decode pollen injuries
The vaccine injuries compensation program is mainly a process that enables doctors, lawyers, patients, parents and government officials to determine who deserves compensation for legitimate vaccine injury.
He was It was established in 1986 under Congress Law To solve a specific social problem: potential vaccine injuries for children from the root cough vaccine in the entire cells. This vaccine, which was It stopped in the United States in the ninetiesand It can cause anxious side effects Like lengthy crying and cramps. Parents sued vaccine manufacturersAnd some stopped producing vaccines.
Congress was concerned that the lawsuits would collapse the vaccine supply in the country, allowing diseases to return. the The 1986 national childhood vaccine injury law The vaccine court and vaccine manufacturers have established these lawsuits.
Here is how it worksThe person who feels that he suffered from a vaccine -related injury Apply To hear a legal official called Special master In the American Federal Court of Prosecution. The Minister of Health and Humanitarian Services has been named as a defendant Lawyer of the Ministry of Justice.
Doctors working in HHS evaluate medical records and submit a recommendation on whether they believe that the vaccine caused a person’s medical problem. Some agreed vaccine injuries Listed in automatic compensationWhile other results that are scientifically competed in a listening session to determine whether the vaccine caused the problem.
The prizes come from a renovation box, built through the 75 percent of the Al -Maksous tax on each dose of covered vaccines. Lawyers of the Meltan who specialize in vaccine injury claims It is pushed by the insurance box, whether they win or lose.
Some updates are needed
Many have changed In decades that followed the books of Congress, the Congress has not enacted updates to keep up with it.
For example, the law provides only eight special professors to hear all cases, however The cases have increased significantly More vaccines have also been covered by the law. It has set the maximum damage of $ 250,000 in 1986 but did not explain inflation. the The statute of limitations for the injury is three yearsBut in my research, I found that many people are too late and lost their chance.
When the law was written, only covered the recommended vaccines for children. In 2023, the program expanded To include vaccines for pregnant women. Vaccines only for adults, such as Logos, not covered. Covid-19 vaccine claims go to Another system of antibiotic procedures It was Widespread. These vaccines can be added to the program, as lawyers they make claims there Call.
These reformist ideas “Friendly amendments” with the support of the two parties. Kennedy Some of them mentionalso.
It is difficult to revolutionize a complex system
Kennedy has not publicly reported enough details about his plan before the vaccine court to reveal the changes he intends to make. The course of the first and least destructive work will be to demand the Congress to pass the partisan reforms mentioned above.
But some of his comments indicate It may seek to dismantle itNo repair. However, any of his options is clear and direct, and it is difficult to predict the results.
Changing the pollen structure is likely to be the most difficult path. The Congress requires amending the 1986 law and President Donald Trump to sign the legislation. Traffic The draft law to dismantle it It requires the same process. Each direction includes all the difficulties of obtaining a controversial draft law through Congress. Even difficult “friendly amendments” – draft Law 2021 to reform the Court of Checks It was presented but failed to apply.
However, there are many direct possibilities.
Adding autism to the list of injuries
Kennedy long Credible claimsBut the vaccine court was against the allegations that lacking prevailing scientific support. For example, the vaccine court A tight operation was held for years From 2002 to 2010 and found that autism was not a vaccine injury. the Autism experiences Drew on 50 experts report, 939 medical articles and 28 experts attest to the record. The special masters who decide the cases have found it None of causation hypotheses It was reliable autism and vaccines reliable as medical or scientific theories.
Many of Kennedy’s anger is directed at private professorsWhoever claims to “give the” system “priorities on their duty to compensate the victims.” But private professors do not work for it. Instead, they are appointed by the majority of judges in Federal claims court For four years-and these judges themselves have 15 years. Kennedy cannot legally remove any of them in the middle of their service to install new judges sharing his views.
Given, he may seek to develop conditions such as autism in the supposed menu list, in fact fluctuating private master’s decisions. Review the recognized injuries list To add without medical evidence He is among the powers of Kennedy, but it will remain difficult. It requires a long administrative process with reactions from a consulting committee and the public. Such reviews were controversial, and are usually associated with the main scientific reviews of their goodness.
General health and medical groups It is already packed against Kennedy vaccine movements. If it fails to follow the required procedures legally while adding new injuries to the list, it can be prosecuted to stop the changes.
Targeting vaccine manufacturers
Kennedy can also be tilted The newly formed consulting committee for immunization practices To withdraw the recommendations for some vaccines, which it will also remove from eligibility in the vaccine compensation court. Claims against manufacturers can go directly to ordinary courts. On August 14, 2025, the Ministry of Health and Humanitarian Services may have taken a step in this direction Announcing the revival of the childhood vaccine safety group In response to A lawsuit by anti -vaccine activists.
Kennedy also has Supported legislation This would allow the claims currently heard in the vaccine court to go to the regular courts. These sharp repairs can mainly dismantle the vaccine court.
People who claim vaccine injuries can hope to gain damage through personal injury claims in the civil justice system instead of the Court of Vaccine, perhaps by persuading a jury or obtaining a settlement. These types of settlements were what The construction of the vaccine court pushed In the first place. But these claims may be difficult to win. there A higher tape of scientific evidence In the regular courts more than the Court of Editus, the prosecutors will have to prosecute large companies instead of submitting a government claim.
Raise the idea of reforming the vaccine court Stir up Several groups with a class in the program. It is a complex system that has multiple ingredients, and Kennedy approaches withdraws so far different directions. The batch needed to revolutionize the test of its complex design force, but the vaccine court may withstand.
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