Ronald Bailey, science correspondent at Reason Foundation, said in a March 5 article that 'as history amply shows, exposing vaccine makers to the machinations of trial lawyers will stymie the development of innovative vaccines. Americans would consequently suffer more disease, disability, and death from illnesses that would otherwise have been prevented.'
Bailey made the statement in response to the End the Vaccine Carveout Act (S.3853), introduced in February by Sen. Rand Paul and Sen. Mike Lee. The legislation would repeal provisions of the National Childhood Vaccine Injury Act of 1986 that established the no-fault vaccine injury compensation system, according to the article published on Reason.
The discussion comes as public health officials note rising cases of Lyme disease following the withdrawal of LYMErix, previously the only approved Lyme disease vaccine. The Centers for Disease Control and Prevention (CDC) reported that approximately 476,000 Americans are diagnosed and treated for Lyme disease each year. Cases have risen sharply since LYMErix was withdrawn in 2002, with over 89,000 documented through routine surveillance in 2023. Lyme disease is now considered the most common vector-borne illness in the United States. These statistics provide context for public health discussions about vaccine availability and liability protections under the National Childhood Vaccine Injury Act.
Legal actions related to vaccines remain prominent as Congress considers changes to liability protections. According to filings with the Office of Government Ethics, Robert F. Kennedy Jr. received $2.4 million in referral fees from the law firm Wisner Baum, including $850,000 in 2024, under a contingency arrangement tied to Gardasil vaccine litigation against Merck. Kennedy’s personal attorney, Aaron Siri, had 492 Vaccine Injury Compensation Program claims pending against the Department of Health and Human Services, according to court records. These details illustrate the legal and financial environment surrounding vaccine injury cases as the End the Vaccine Carveout Act is considered.
Bailey joined Reason Foundation in 1997 and is author of The End of Doom and Liberation Biology. A former Forbes staff writer, his work has appeared in The New York Times, The Wall Street Journal, and The Washington Post. He holds degrees in philosophy and economics from the University of Virginia.
