The Vaccine Injury Compensation Program (VICP) was created by Congress in 1986 under the National Childhood Vaccine Injury Act because vaccine manufacturers threatened to stop producing vaccines if they weren’t protected from vaccine injury lawsuits. It was created as an alternative to a civil court lawsuit, giving partial liability protection to vaccine manufacturers, pediatricians, and other vaccine providers from civil liability for injuries and deaths caused by federally recommended childhood vaccines. If the injured party was denied compensation or dissatisfied with the amount of the award, they could then proceed with a civil lawsuit with certain restrictions, depending upon the case. Unhappy with this partial liability protection, drug companies kept pushing for complete liability protection and, in 2011, convinced the US Supreme Court majority to rule that federally licensed and recommended vaccines are “unavoidably unsafe” and that the VICP should be the “sole remedy” for all vaccine injury claims. I think it’s worth repeating, in case you just glossed over it: The reason you cannot sue a vaccine manufacturer for injury or death is because vaccines are “unavoidably unsafe.” This also means that even if it can be proven that a government recommended vaccine that injured or killed someone in America was defectively designed and could have been made less reactive, no one can sue the drug company in question.
Posted on: Tue, 30 Dec 2014 14:38:23 +0000
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