Originally Posted by
J Fish
The National Childhood Vaccine Injury Act of 1986 already shields companies making vaccines from being sued for design-defect. This was further emboldened by a Supreme Court decision in 2011.
(This is actually why I like APC; sometimes I learn something)
A quick search suggests that the NCVIA doesn't prevent
compensation for a faulty vaccine. It shields pharma from lawsuits from
certain vaccines, but not all. If I understand it: (I don't)
- A vaccine needs to be officially recognized as a "covered vaccine"
- "For a vaccine to be covered, the Centers for Disease Control and Prevention (CDC) must recommend the category of vaccine for routine administration to children or pregnant women, and it must be subject to an excise tax by federal law."
- Anyone who has an adverse reaction to a "covered vaccine" may then file a claim with the US Court of Federal Claims (i.e., not the manufacturer)
- After lots of legal steps, awards (capped at $250k, max) are paid out of a federal National Vaccine Injury Compensation Trust Fund...specifically managed by the Health Resources and Services Administration
Many layers to this onion. Given the fact that any vaccine that is produced will be administered in huge numbers (domestically and globally), I could see Congress getting in and super-clarifying immunity from lawsuits, both at the pharma level and the NVICTF level.