Health Affairs, a peer-reviewed health policy journal, announced that a recent analysis found the rise in vaccine injury litigation represents the most significant legal challenge to public health policy since the late twentieth century.
In its analysis, Health Affairs said the trend is not a temporary post-pandemic development but reflects a broader erosion of legal frameworks that have historically supported public health authority.
The authors warned that without intervention, it could weaken the country’s ability to respond to outbreaks, protect vulnerable populations, and maintain public confidence in vaccination programs.
Data cited in the analysis shows attorneys participating in the federal vaccine injury compensation program received more than $611 million in total fees, including $129 million tied to dismissed cases in which petitioners did not receive compensation. Vaccine injury petitions increased from 447 in fiscal year 2010 to 1,300 in fiscal year 2025, nearly a threefold rise over 15 years, according to the Health Resources and Services Administration.
The American Action Forum has also reported that weakening the compensation program could affect vaccine development, reduce vaccine availability, and limit broader public health benefits. The analysis noted that prior to the National Childhood Vaccine Injury Act of 1986, liability pressures contributed to a sharp decline in vaccine manufacturers, including for pertussis vaccines.
Health Affairs is a peer-reviewed health policy journal founded in 1981 and published by Project HOPE. Its Forefront platform publishes analysis on emerging health policy issues for policymakers and researchers.
