The American Tort Reform Association (ATRA) released a report alleging that a coordinated network of trial lawyers, researchers, and advocacy groups uses manufactured scientific claims to support mass tort litigation against vaccine manufacturers and other industries.
The report argues that in cases where existing scientific evidence does not support a causation theory, litigation actors may produce new studies intended to fill evidentiary gaps and revive weakened lawsuits. It identifies vaccine safety disputes as one of three primary areas where such research practices are used, alongside acetaminophen litigation and climate attribution science.
The findings raise broader questions about the role of scientific research in legal proceedings that can influence major sectors, including pharmaceuticals and environmental policy. The report specifically highlights concerns over studies developed in litigation contexts when existing evidence is insufficient to support certain claims.
ATRA also cites financial disclosures related to Health and Human Services Secretary Robert F. Kennedy Jr. as part of its broader discussion of incentives within the mass tort litigation system. The report states that Kennedy reported $856,559 in income tied to contingency-fee cases, including litigation involving Roundup herbicide and the Gardasil vaccine. According to ATRA, he served as of counsel to Morgan & Morgan from 2016 to 2022, where he received a 10% contingency fee on referred cases.
Separately, outside estimates from the Institute for Legal Reform place the U.S. tort system at $529 billion in 2022, equivalent to 2.1% of gross domestic product and $4,207 per household, underscoring the broader scale of civil litigation in the United States. The report also notes that ongoing Supreme Court questions involving federal preemption could affect a wide range of federally regulated products, including vaccines covered under the National Childhood Vaccine Injury Act of 1986.
ATRA is a national coalition of businesses, municipalities, and professional organizations founded in 1986 that advocates for civil justice reform. The group publishes an annual “Judicial Hellholes” report ranking jurisdictions based on litigation climate and says it has tracked regulation-by-litigation issues for nearly four decades.
