Ross Marchand, executive director of the Taxpayers Protection Alliance, said that U.S. Health and Human Services Secretary Robert F. Kennedy, Jr.'s support for opening up vaccine manufacturers to litigation would benefit plaintiffs' lawyers at the expense of patients.
The debate centers on proposed changes to the Vaccine Injury Compensation Program (VICP), a federal system designed to compensate individuals injured by vaccines while protecting vaccine supply. Marchand said these changes could undermine access to lifesaving vaccines and shift benefits toward trial lawyers.
"It’s no secret that Kennedy has nothing but contempt for the Vaccine Injury Compensation Program which protects vaccines from eradication by litigation... He’s called VICP 'broken' and has accused it without evidence of 'fail[ing] its mission'... Kennedy’s latest ideological crusade would be great for trial lawyers but terrible for millions of patients who depend on lifesaving vaccines... Americans deserve a legal system that works for them and fosters patient choice," according to Marchand as published by the Taxpayers Protection Alliance.
Marchand outlined concerns over coordinated trial bar efforts that could expand litigation against vaccine makers in an op-ed published by the Taxpayers Protection Alliance. The analysis details how Secretary Kennedy has targeted the VICP by seeking to add new claims and replace commission members with vaccine skeptics having trial bar connections. This approach risks bankrupting the program and shifting more claims into civil courts where trial lawyers could benefit.
The Vaccine Injury Compensation Program was created in 1986 after lawsuits caused manufacturers to exit the market for key vaccines. By the end of 1985 only one company still manufactured pertussis vaccine in the United States according to historical analyses. The program has awarded more than $5.4 billion in compensation while preserving access to lifesaving vaccines for Americans according to the Health Resources and Services Administration. The program has successfully balanced patient protection with stable vaccine development and supply. Overwhelming the compensation system with expanded claims driven by trial bar interests would undermine U.S. biotech innovation and global competitiveness. The Taxpayers Protection Alliance highlights how these changes could reverse gains in vaccine availability and affordability for all Americans according to HRSA data.
The Taxpayers Protection Alliance is a non-partisan nonprofit organization founded in 2011 and headquartered in Washington, D.C., focusing on government spending, waste, economic policy, healthcare regulation, and innovation according to TPA. Ross Marchand serves as executive director of TPA, previously working as director of policy with experience in healthcare policy and liability structures according to TPA.
