Health Secretary Robert F. Kennedy Jr. is focusing on some lesser-known yet crucial programs that support comprehensive childhood vaccinations.
This week, he appeared on Charlie Kirk’s social media platform to critique the vaccine injury compensation program and promised significant reforms.
“The VICP is broken, and I’m going to fix it,” he stated on Platform X.
Legal experts agree with Kennedy, pointing out that a program initiated in 1986 meant to swiftly assist families proving vaccine-related injuries needs updates.
David Carney, a vaccine injury attorney from Philadelphia and president of the Association of Vaccine Injury Petitioners Bars, mentioned, “There are lots of opportunities for improvement.” He argued that cases could be concluded more quickly instead of going through lengthy trials. Kennedy has even managed to encourage Congress to expand court staffing and raise limits on pain and suffering claims, plus include the Covid-19 vaccine in the eligible vaccine list for this program.
There’s a notable shortage of staff handling the broad caseload, leaving families waiting for years. Although the program now addresses nearly three times as many vaccines as it initially did, the number of “special masters” handling these cases hasn’t increased.
Attorneys representing vaccine injury claims have noted a trend where the government seems to favor vaccines over petitioners, fighting claims that used to be settled more easily.
“We’re seeing a surge in claims but also a lot of money being contested,” stated René Gentry, who directs the Vaccine Injury Litigation Clinic at George Washington University Law School.
But there’s a concern that if Kennedy’s proposed changes dismantle the program, it might threaten access to childhood vaccinations and put drug manufacturers at risk.
Kennedy, who has criticized the VICP for some time, hinted at working with Attorney General Pam Bondy, though he didn’t specify what changes he had in mind.
Previously, he expressed an interest in expanding the program, making it easier for claimants to qualify based on adverse vaccine-related events that aren’t currently recognized.
Dorit Reiss, a vaccine law expert and professor at UC San Francisco, explained that proving injuries can happen in two ways: by meeting criteria in the injury table or showing evidence that the vaccine is the cause of the injury outside that list.
Kennedy has the authority to add new injuries to the eligible list, including conditions like autism, often debated in relation to vaccines.
In a July interview with Tucker Carlson, he suggested vaccines could be linked to several chronic conditions like diabetes and narcolepsy. “We have an epidemic of immunodysregulation in our country right now, and you can’t overlook vaccines as significant contributors,” he remarked.
To officially add injuries to the list, Kennedy must navigate a challenging federal notification and comment process, which is often time-consuming and may not yield enough evidence to support claims of vaccine-related harm.
He can also settle cases informally for additional injuries without adding them to the official list, though both paths risk straining the program financially.
Compensation comes from trust funds supported by excise taxes imposed on vaccine manufacturers, creating a finite pool of resources. This fund also covers legal fees, even if the case does not succeed. In exchange for taxes, vaccine manufacturers enjoy limited liability protections, so petitioners claim against the government rather than the manufacturer, allowing families to seek compensation without needing to prove negligence.
Kennedy has suggested wanting to adjust this framework. “The VICP has devolved into a quagmire of inefficiency and corruption, prioritizing financial health over victim compensation,” he remarked.
A spokesperson from HHS declined to elaborate on Kennedy’s proposals, emphasizing that his comments were self-explanatory.
A popular anti-vaccine viewpoint includes the desire to eliminate the limited liability shields for vaccine makers, which Congress would have to authorize.
Kennedy also holds the power to remove vaccines from the compensation program. Currently, it covers vaccines that are routinely recommended for children and pregnant women, but can be altered based on changing recommendations.
In early June, he unexpectedly dismissed all members of an advisory group responsible for vaccine recommendations, replacing them with his own selections. For instance, if this new group were to stop recommending the HPV vaccine, Kennedy would have the authority to adjust the injury table accordingly.
“If he removes it, those individuals would lose access to the program and would have to pursue civil lawsuits instead,” Gentry warned.
