Vaccine court compensation faces delays as rare injury claims pile up

Vaccine court compensation is meant to help Americans who suffer rare injuries after vaccination, and CBS’s 60 Minutes reports the little-known system has paid almost $5 billion since it began in the late 1980s.

The court, part of the National Vaccine Injury Compensation Program, was created after lawsuits over an older diphtheria, tetanus and pertussis vaccine helped drive manufacturers out of the market and contributed to shortages. Congress responded with a bipartisan program that limited direct liability for vaccine makers while recognizing that, in rare cases, vaccines can cause harm.

What is vaccine court?

Vaccine court is a no-fault federal system where people can seek compensation without proving a drug company or medical provider was negligent. Claims are heard by special masters, rather than juries, and petitioners must show that a vaccine more likely than not caused or worsened an injury.

The money comes from a 75-cent tax on recommended childhood vaccines, which is paid into a trust fund for injury claims, according to 60 Minutes. The program now covers 16 vaccines, up from six when it started, including the annual flu shot, though COVID vaccines are handled outside this court.

Federal figures cited by 60 Minutes show about 12,000 Americans have been compensated. About half of all claims have been dismissed.

Renée Gentry, director of the Vaccine Injury Litigation Clinic at George Washington University Law School, told 60 Minutes that her clients are vaccinated and often begin by saying they are not anti-vaccine. She said the program uses a lower burden of proof than ordinary civil litigation, making it easier for injured people to qualify for compensation.

One family featured by 60 Minutes, John and Huali Thompson, said their son Jacob began having seizures hours after a six-month combination shot that included DTaP. Jacob was later diagnosed with a rare, severe epilepsy, and the family argued that the vaccination aggravated an underlying genetic mutation.

In July, the Thompsons received a $2.1 million judgment and a lifetime annuity for Jacob’s care after a special master found the vaccine more likely than not aggravated his condition, according to the report.

Why are families waiting years?

Delays have become a flashpoint. Ryan Farrell, a former Boston-area utility lineman, filed a claim in 2019 after a tetanus shot and later diagnosis of a rare autoimmune disease. 60 Minutes reported that a special master ruled in July that the shot more likely than not led to his illness, but his damages had still not been set seven years after the vaccination.

The court has acknowledged the problem. Documents obtained by 60 Minutes show the chief special master has asked Congress for more resources for four straight years, citing a backlog of more than 3,000 cases. Congress has not acted, according to the report.

The court also became a forum for claims that vaccines caused autism. Retired special masters Denise Vowell and George Hastings told 60 Minutes they reviewed years of testimony and scientific literature in the early 2000s. The special masters found the evidence did not support a link, and eight federal judges later upheld those decisions on appeal.

Health and Human Services Secretary Robert F. Kennedy Jr. declined an on-camera interview with 60 Minutes, but said by email that he wants to expand the injury table to make compensation easier. He specifically pointed to broader definitions for seizures and encephalopathy, neurological conditions that can be associated with autism.

Gentry told 60 Minutes the court remains important because it protects vaccine supply while offering help to the small number of people found to have been harmed. For families such as the Thompsons, she said, the program can secure lifelong care.

This story draws on original reporting from CBS News.