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https://www.nytimes.com/2025/08/11/health/kennedy-vaccine-court.html?campaign_id=9&emc=edit_nn_20250811&instance_id=160309&nl=the-morning&regi_id=122976029&segment_id=203666&user_id=b25c5730c89e0c73f75709d8f1254337

Health Secretary Robert F. Kennedy Jr. plans to overhaul the federal vaccine court, sparking concerns about potential impacts on vaccine access and manufacturing. Experts fear changes could lead to lawsuits and undermine vaccine use. The article analyzes Kennedy's history with vaccine litigation and his views on the court.

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Kennedy’s Next Target: the Federal Vaccine Court
Simplified Title
Kennedy Plans Vaccine Court Overhaul Amidst Skepticism
AI Excerpt
Health Secretary Robert F. Kennedy Jr. plans to overhaul the federal vaccine court, sparking concerns about potential impacts on vaccine access and manufacturing. Experts fear changes could lead to lawsuits and undermine vaccine use. The article analyzes Kennedy's history with vaccine litigation and his views on the court.
Subject Tags
Vaccines Vaccine Injury Compensation Program Robert F. Kennedy Jr. Health Policy U.S. Politics Public Health Vaccine Safety
Context Type
Analysis
AI Confidence Score
1.000
Context Details
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Donato V. Pompo
Submission Date
August 11, 2025 at 1:40 PM
Metadata
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    "parsed_content": "Trump AdministrationliveUpdatesAug. 11, 2025, 9:19 a.m. ET22m agoTariff TrackerFlorida\u2019s \u2018Alligator Alcatraz\u2019Separating FamiliesMajor Shift at E.P.A.Approval RatingsAdvertisementSKIP ADVERTISEMENTSupported bySKIP ADVERTISEMENTNews AnalysisKennedy\u2019s Next Target: the Federal Vaccine CourtThe system for compensating people injured by vaccines needs significant reform. But the health secretary could alter it in ways that ultimately reduce vaccine access for everyone.Share full articleExperts fear that some changes that Mr. Kennedy has hinted at could effectively jeopardize the manufacturing of vaccines.Credit...Pete Kiehart for The New York TimesBy Christina Jewett and Apoorva MandavilliAug. 11, 2025Updated 9:07 a.m. ETFor nearly 40 years, a special federal court system has compensated Americans who prove they were harmed by vaccines while also protecting the manufacturers from litigation.Even the staunchest defenders of the Vaccine Injury Compensation Program agree it needs reform. It is slow, understaffed and can feel adversarial to families legitimately in need.Now Health Secretary Robert F. Kennedy Jr. plans to overhaul the program, saying he will make it more efficient and speedier for Americans seeking payment.He said in a social media post last month that the vaccine court had \u201cdevolved into a morass of inefficiency, favoritism and outright corruption.\u201d Parents who believe their children were injured by vaccines are \u201cfacing the monumental power and bottomless pockets of the U.S. government,\u201d he said.Mr. Kennedy has also claimed, falsely, that the compensation program prevents families from suing vaccine makers in traditional courts. And he has claimed that the vaccine court punishes and intimidates expert witnesses and petitioners\u2019 attorneys.Experts fear that some of the changes Mr. Kennedy has hinted at could lead to an onslaught of lawsuits, jeopardizing the manufacture of vaccines and undermining their use.\u201cKennedy can fix this system without burning it down,\u201d said Tony Yang, a health policy expert at George Washington University. But Mr. Kennedy sounds \u201cmore like a frustrated lawyer who lost cases than an eager secretary trying to fix things.\u201dIndeed, allies of the secretary have fared poorly in the vaccine court. Their litigation in traditional courts \u2014 including a 2022 lawsuit in which Mr. Kennedy delivered closing arguments \u2014 also has fallen short.The Department of Health and Human Services did not respond to repeated requests for comment.Public health officials in the United States have been tracking vaccine safety for decades and have long said that shots routinely given to children are safe. But all vaccines have at least occasional side effects, and there are rare instances of serious injury.Congress set up the vaccine court in 1986 after a spate of lawsuits began to drive vaccine makers out of the market. So-called special masters judge claims of injuries from vaccines, weighing the available evidence.ImageThe court\u2019s special masters, who preside over the cases, have denied claims that childhood vaccines are linked to autism, in accordance with a great body of scientific evidence.Credit...Susan Walsh\/Associated PressThe program covers most routine immunizations given to children and pregnant women, and is funded by a small tax on each shot. The vaccine court has paid $5.4 billion in claims since its inception, awarding compensation in about 42 percent of the roughly 28,000 claims filed.But in accordance with a great body of scientific evidence, the court\u2019s special masters have denied thousands of claims that childhood vaccines are linked to autism. Mr. Kennedy, a prominent vaccine skeptic, believes that there is such a link and has long accused government officials of hiding the risks.Some reforms widely seen as necessary would require Congress to intervene. Among them: more of the special masters who preside as judges over cases.The legislation establishing the program allowed for three; five more were added later. But at least double that number are needed to adjudicate the roughly 1,200 applications each year, according to some experts.The program also needs more staff to review medical records, and an online system for families to track the status of their claims. The compensation fund has a $4 billion surplus, some of which could be applied to remedy these problems.Mr. Kennedy said in an interview last month that he wanted to ensure families seeking compensation \u201cget it very quickly, and they get it without the kind of adversarial impediments that have now been erected over the past 40 years.\u201dA new fast-track system for rare injuries that studies have definitively linked to certain vaccines could speed up the process. In the current system, government lawyers sometimes fight families over settled links, said Altom Maglio, an attorney who has represented people in the vaccine court for 25 years.\u201cFighting tooth and nail is just not appropriate, and doesn\u2019t meet the goals,\u201d he said.At the same time, special masters sometimes make awards even when the connection between a side effect and vaccine is tenuous, said Dr. Daniel Salmon, director of the Institute for Vaccine Safety at Johns Hopkins Bloomberg School of Public Health.\u201cThere are a lot of things that are being compensated where there\u2019s inadequate evidence,\u201d Dr. Salmon said. \u201cWe need more science.\u201dMr. Kennedy has also suggested that injury claims regarding Covid-19 shots should be moved to the vaccine court. At present, those claims are piling up in a parallel federal system called the Countermeasures Injury Compensation Program.Of more than 14,000 injury claims filed regarding Covid vaccines, only 69 have been paid out. More than 9,400 are pending, and about 4,800 have been dismissed.Congress would need to act to move those claims to the Vaccine Injury Compensation Program. But adding the large Covid backlog to the vaccine court\u2019s own poses huge challenges, Dr. Yang said: \u201cYou\u2019re complaining about your kitchen sink, it\u2019s clogged, and then you try to wash your bike in it.\u201dThere are some aspects of the program that Mr. Kennedy can change without Congress. That includes altering the official table detailing the injuries presumed to be linked to certain vaccines.Changing the table to say that certain vaccines cause autism or asthma, months or years after shots, for example, could hobble the system, opening the doors to tens of thousands of new claims that would previously have been dismissed.\u201cHe\u2019s talking about opening a can of worms that could result in Americans losing access to some vaccines and huge expenditures in court fees,\u201d said Dr. Thomas R. Frieden, a former director of the Centers for Disease Control and Prevention.Mr. Kennedy has said, falsely, that the vaccine court is the \u201cexclusive remedy\u201d for families seeking compensation. In fact, claimants can sue vaccine makers in traditional courts if the government does not respond to them within 240 days, or if they are dissatisfied with its offer of compensation.But the traditional courts have not been any more generous to Americans who believe they were injured, said Renee Gentry, director of the Vaccine Injury Litigation Clinic at George Washington University.\u201cThe idea that going to straight to civil litigation means you\u2019re going to win is absurd,\u201d Ms. Gentry said. \u201cThese are incredibly difficult cases.\u201d She believes her clients are better off in the vaccine court.Mr. Kennedy has been deeply involved in litigation over vaccines for years. For example, he worked on lawsuits against Merck over claims related to the Gardasil vaccine, which protects against the human papilloma virus.As health secretary, Mr. Kennedy initially planned to keep his financial stake in the litigation. But he relinquished those earnings to an adult son following controversy at his confirmation hearing.Senator Elizabeth Warren, Democrat of Massachusetts, also pressed him to pledge to refrain from suing pharmaceutical companies after he leaves government. \u201cI\u2019m not going to agree to that,\u201d Mr. Kennedy said.ImageMr. Kennedy has been involved in litigation over vaccines for years, including lawsuits against Merck over the Gardasil vaccine.Credit...Charles Rex Arbogast\/Associated PressHis harsh criticism of the program \u2014 and claims that it is corrupt \u2014 appears tied to his steadfast support of people who have lost in the court with unproven claims that vaccines cause autism, said Dorit Reiss, a law professor at the University of California, San Francisco, who has followed the cases.Rolf Hazlehurst, who was until recently a lawyer with Children\u2019s Health Defense, the anti-vaccine group Mr. Kennedy founded, has litigated his son\u2019s case for 22 years, claiming that the measles vaccine and thimerosal, a preservative, caused his son\u2019s autism.The case has failed in forum after forum. Mr. Kennedy became involved in 2022, when claims were brought in a Tennessee court against the pediatrician who in 2001 inoculated Mr. Hazlehurst\u2019s child.Mr. Kennedy delivered the closing argument. The jury sided with the doctor.Mr. Kennedy has also recently hired at H.H.S. \u2014 and has defended \u2014 David Geier, who has for years pushed the discredited theory that thimerosal caused autism.Mr. Geier\u2019s attempts to bill the vaccine court for his expertise regarding vaccine injuries were often challenged. One judge determined in 2016 that Mr. Geier\u2019s report was \u201cneither useful nor relevant, because he is not qualified as an expert concerning the matters he discusses.\u201dMr. Kennedy also has hired another Children\u2019s Health Defense alumna, Lyn Redwood, who presented inaccurate data that thimerosal caused autism at recent meeting of scientific advisers to the C.D.C.The panelists, newly appointed by Mr. Kennedy, voted to withdraw endorsements of the few flu vaccines in which thimerosal is an ingredient.Some experts are concerned that Mr. Kennedy may open the door to at least one proposal already pending in Congress \u2014 to abolish the Vaccine Injury Compensation Program altogether.\u201cI think he\u2019s been really clear,\u201d said Richard Hughes IV, a lawyer who represents vaccine makers. \u201cHe would be fine with the total collapse of the program.\u201dChristina Jewett covers the Food and Drug Administration, which means keeping a close eye on drugs, medical devices, food safety and tobacco policy.Apoorva Mandavilli reports on science and global health for The Times, with a focus on infectious diseases and pandemics and the public health agencies that try to manage them.See more on: U.S. Politics, Centers for Disease Control and Prevention, Health and Human Services DepartmentShare full articleRelated ContentAdvertisementSKIP ADVERTISEMENT",
    "ai_headline": "Kennedy\u2019s Next Target: the Federal Vaccine Court",
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    <title>Kennedy’s Next Target: the Federal Vaccine Court - The New York Times</title>
    <meta data-rh="true" name="robots" content="noarchive, max-image-preview:large"><meta data-rh="true" name="description" content="The system for compensating people injured by vaccines needs significant reform. But the health secretary could alter it in ways that ultimately reduce vaccine access for everyone."><meta data-rh="true" property="twitter:url" content="https://www.nytimes.com/2025/08/11/health/kennedy-vaccine-court.html"><meta data-rh="true" property="twitter:title" content="Kennedy’s Next Target: the Federal Vaccine Court"><meta data-rh="true" property="twitter:description" content="The system for compensating people injured by vaccines needs signi...
Parsed Content
Trump AdministrationliveUpdatesAug. 11, 2025, 9:19 a.m. ET22m agoTariff TrackerFlorida’s β€˜Alligator Alcatraz’Separating FamiliesMajor Shift at E.P.A.Approval RatingsAdvertisementSKIP ADVERTISEMENTSupported bySKIP ADVERTISEMENTNews AnalysisKennedy’s Next Target: the Federal Vaccine CourtThe system for compensating people injured by vaccines needs significant reform. But the health secretary could alter it in ways that ultimately reduce vaccine access for everyone.Share full articleExperts fear that some changes that Mr. Kennedy has hinted at could effectively jeopardize the manufacturing of vaccines.Credit...Pete Kiehart for The New York TimesBy Christina Jewett and Apoorva MandavilliAug. 11, 2025Updated 9:07 a.m. ETFor nearly 40 years, a special federal court system has compensated Americans who prove they were harmed by vaccines while also protecting the manufacturers from litigation.Even the staunchest defenders of the Vaccine Injury Compensation Program agree it needs reform. It is...

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