Richard H. Hughes, IV, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, was quoted in CBS News, in “Inside the High-Stakes Battle Over Vaccine Injury Compensation, Autism and Public Trust,” by Dr. Céline Gounder.

Following is an excerpt:

Department of Health and Human Services Secretary Robert F. Kennedy Jr. has floated a seismic idea: adding autism to the list of conditions covered by the Vaccine Injury Compensation Program. The program, known as VICP, provides a system for families to file claims against vaccine providers in cases where they experience severe side effects. Kennedy has also suggested broadening the definitions of two serious brain conditions — encephalopathy and encephalitis — so that autism cases could qualify.

Either move, experts warn, would unleash a flood of claims, threatening the program's financial stability and handing vaccine opponents a powerful new talking point.

Legally, HHS "is required to undergo notice and comment rulemaking to revise the table," said Richard Hughes, a law firm partner who teaches at George Washington University. The "table" is a list of specific injuries that the U.S. government accepts as presumed to be caused by a vaccine if those injuries occur within a certain time window. If someone can show they meet these criteria, they have a simpler path to securing compensation without having to prove fault. Autism is not in the table because a link between vaccines and autism has been thoroughly debunked.

If autism is added, Hughes explained, the VICP could face "an exorbitant number of claims that would threaten the viability of the program."…

After years of hearings and expert testimony, the conclusion was unequivocal: vaccines do not cause autism. In 2010, the court ruled against petitioners on every theory of causation. The U.S. Court of Federal Claims affirmed, and the Court of Appeals upheld the decision.

"That precedent is binding," said Richard Hughes, a vaccine law expert at George Washington University and former VICP legal counsel. "Autism was litigated thoroughly and rejected. That still carries weight in the court today." …

This article also ran in KFF Health News.

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