Families affected by rare vaccine injuries are seeking government compensation through the National Vaccine Injury Compensation Program. This initiative offers a legal route for families who believe their loved ones have been harmed by vaccines to receive compensation.
Case of Jacob Thompson
Jacob Thompson, who was born in St. Louis on December 31, 2011, faced severe health challenges after receiving a combination vaccination at his six-month check-up. This shot included vaccines against diphtheria, tetanus, and pertussis, known as DTaP.
Shortly after his vaccination, Jacob began experiencing seizures. Despite initial hopes that these would be temporary, he was eventually diagnosed with a rare and serious form of epilepsy. His parents, John and Huali Thompson, suspect that the vaccination might have triggered Jacob’s condition.
Seeking Accountability
The Thompsons, recognizing the need for accountability, sought legal assistance from Renée Gentry, a prominent vaccine injury attorney. Gentry leads the Vaccine Injury Litigation Clinic at George Washington University Law School. The family, while supportive of vaccinations, is focused on Jacob’s well-being and the specificity of their circumstances.
Compensation Through Vaccine Court
In July, the Thompsons were awarded $2.1 million in vaccine court. This decision came after a special master concluded it was more likely than not that Jacob’s vaccination exacerbated an underlying genetic condition. The ruling also included a lifetime annuity for Jacob’s ongoing care, highlighting the support systems in place for affected families.
Background of the National Vaccine Injury Compensation Program
The National Vaccine Injury Compensation Program was established as a response to a public health crisis in the 1980s. At that time, successful lawsuits against vaccine manufacturers led many companies to withdraw from the market, creating vaccine shortages.
To protect public health and encourage vaccine development, Congress created this program. Since its inception, it has paid out almost $5 billion to approximately 12,000 claimants.
Legal Framework and Challenges
The vaccine court operates differently from traditional courts. It seeks to provide a streamlined process without the need for families to prove negligence on the part of manufacturers.
- No jury; decisions made by special masters.
- Claims can be filed without high burden of proof.
- A 75-cent tax on vaccines funds the compensation program.
Controversies and Future Directions
Discussions around the compensation program have not been without controversy. Parents of children with autism have sought inclusion in the compensation framework. However, special masters reviewed the evidence and concluded there was no causal link between vaccines and autism.
Notably, Secretary of Health and Human Services Robert F. Kennedy Jr. expressed a desire to expand the compensation criteria to include neurological conditions linked to vaccinations.
Growing Concerns Over Delays
Despite the program’s goals, delays have become a significant concern. There is a current backlog of over 3,000 cases in vaccine court. Families face lengthy wait times before their cases are resolved, which can impact their ability to receive timely care and compensation.
Advocates stress the importance of ensuring this system works efficiently to support families needing assistance. Policymakers are urged to address the backlog and improve the compensation process for families affected by rare vaccine injuries.
