The American Action Forum published an analysis on Apr. 1 finding that proposals to weaken the National Vaccine Injury Compensation Program could undermine both vaccine supply and the compensation system for individuals who experience injuries.
The analysis comes as lawmakers consider expanding the vaccine injury table to more than 300 conditions and introducing legislation that would remove manufacturer liability protections. The forum said these changes could have significant effects on public health and the stability of the vaccine market.
"The analysis stated that the VICP faces renewed scrutiny amid proposals to expand the vaccine injury table to more than 300 conditions and legislation to remove manufacturer liability protections. The program was created by Congress in 1986 as a no-fault alternative to tort litigation after lawsuits threatened vaccine supply. Only eight special masters adjudicate all claims," according to the American Action Forum.
Data from the Health Resources and Services Administration show that since 1988, 29,749 petitions have been filed with total compensation reaching approximately $5.6 billion. Petitions filed rose to 1,301 in fiscal year 2025, with about 60 percent of compensation coming from settlements where causation was not determined by the department, according to HRSA.
Before passage of the National Childhood Vaccine Injury Act of 1986, lawsuits against manufacturers increased from one in 1978 to seventy-three in 1984, leaving only one manufacturer by 1985. The End the Vaccine Carveout Act would remove liability protections established by this law. The Taxpayers Protection Alliance estimated that adding autism claims could generate a $100 billion docket, according to HRSA.
The American Action Forum is a center-right policy institute founded in 2009 by former Congressional Budget Office Director Holtz-Eakin. The forum provides research and analysis on health care, regulation, and fiscal policy. Baker serves as director of health care policy at the forum, according to the organization.
