The Trump administration has announced that Robert F. Kennedy Jr. will serve as the top advisor to the Secretary of Health and Human Services (HHS).
According to Andrew Downing, a senior policy advisor at HHS and a lawyer specializing in vaccine injuries, recent changes to the Vaccine Injury Compensation Program (VICP) have made it extremely difficult for children suffering from degenerative encephalopathy to receive recognition and compensation.
During an autism discussion at the MAHA Institute on Thursday, Downing highlighted that advocating for the inclusion of children with neurological issues in the VICP is a primary focus for both him and Kennedy.
“Part of what Secretary Kennedy is currently working on, with my support and our team monitoring it, is figuring out how to include these kids,” he said.
However, advisors noted that the administration may not be able to officially add autism to the list of compensable injuries. “If you don’t want to use ‘words’, that’s fine,” Downing mentioned, referring to autism. “But how do we include them? Should we expand the definitions of encephalopathy or neurological damage? What’s the approach?”
The VICP was established in 1986 to quickly compensate families able to prove vaccine-related injuries in children. Since its inception, the program has distributed approximately $5.4 billion.
Funding for the program is limited, as compensation comes from trust funds supported by excise taxes imposed on vaccine manufacturers. The fund also covers legal fees and expenses, regardless of the case outcome.
In return for these taxes, vaccine manufacturers benefit from limited liability. Individuals file claims against the federal government rather than the manufacturers, allowing for compensation without needing to prove the drug maker’s negligence.
While experts agree that modernization of the program is necessary, there are concerns that Kennedy’s proposed changes could lead to financial ruin or collapse, potentially driving manufacturers away and jeopardizing access to childhood vaccinations.
Previous HHS leaders opposed the program, suggesting they aimed to expedite resolutions and streamline the process for claimants to qualify based on broad brain dysfunction.
“VICP is no longer aligned with Congressional intentions,” Kennedy stated in a July post. “I will not permit VICP to continue neglecting its mission of providing quick and fair compensation to those vaccinated.”
To add any new injury to the list, Kennedy faces the challenging federal notice and comment rulemaking process.
Experts caution that this process is often lengthy and costly, and scientific evaluations rarely yield enough evidence to establish a direct relationship between vaccines and harm.
Kennedy also has the option to resolve cases for additional injuries informally, without formally updating the list.
Additionally, individuals can pursue legal action against manufacturers outside the VICP, which diminishes the incentives for expanding the program and compensating a broader array of injuries.
