The Informed Consent Action Network filed a petition with the U.S. Department of Health and Human Services seeking to add more than 300 conditions to the Vaccine Injury Table.
The petition argues that the current table, which lists 47 conditions, is outdated and that failure to update it constitutes an ongoing violation of federal law.
The filing states that the secretary must refer the petition to the Advisory Commission on Childhood Vaccines unless it is deemed frivolous, and that the commission has 180 days to make recommendations before rulemaking must begin.
The petition also raises questions about potential conflicts of interest within the vaccine injury compensation system.
It notes that the lead attorney involved reportedly had more than 100 pending cases before the program, while a separate firm awarded a $410,000 sole-source federal contract to review potential reforms had more than 60 pending cases, according to a January letter from U.S. senators to the health secretary.
If adopted in full, the proposed expansion could significantly increase the number of eligible claims under the program.
The federal Vaccine Injury Compensation Program has paid out $5.4 billion since its creation in 1988 and is supported by a trust fund holding more than $4 billion, financed through a $0.75 excise tax per vaccine dose, according to the Health Resources and Services Administration.
The Informed Consent Action Network describes itself as an organization focused on transparency in health policy and vaccine safety. Attorney Aaron Siri serves as legal counsel for ICAN and filed the petition on behalf of the organization and individuals participating in the compensation program. The petition references a 2012 Institute of Medicine report commissioned by the Department of Health and Human Services.
