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 USA Today, in “RFK Jr. Wants To Radically Change Remedy for People Harmed by Vaccines,” by Erin Mansfield.
Following is an excerpt:
Congress voted to create the Vaccine Injury Compensation Program, often dubbed "vaccine court," after lawsuits alleging brain damage prompted several drug companies to stop making the vaccine for whooping cough, a disease that can kill infants.
The new law protected manufacturers from being sued for injuries caused by their vaccines. The government taxed the companies at 75 cents per dose and put the money into a special fund to pay people who could prove that vaccines caused them serious injuries.
“This is a grand bargain,” said Richard Hughes, a lawyer and former pharmaceutical executive. “We have to see it remain a viable program, but we have to strengthen it. It really does need a lot of reform.” …
Parts of the law, first passed in 1986, were never updated. The award for death from a vaccine is $250,000, a figure that has never been increased. There are eight people called special masters who handle cases as de facto judges, but case backlogs have mounted over the decades.
Hughes and Gentry, the lawyers familiar with this process, said that the program is a better option than going to court. Hughes said people can still go to court if a drug company misleads the public or commits fraud.
Hughes said adding injuries to the vaccine table that are “rooted in junk science" could drain the amount of money in the government's coffers for others seeking help. …
