{"id":355804,"date":"2020-09-02T15:55:31","date_gmt":"2020-09-02T20:55:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/healthcare\/patient-rights\/can-i-sue-vaccine-manufacturers.html"},"modified":"2023-06-29T07:23:20","modified_gmt":"2023-06-29T12:23:20","slug":"can-i-sue-vaccine-manufacturers","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/healthcare\/patient-rights\/can-i-sue-vaccine-manufacturers.html","title":{"rendered":"Can I Sue Vaccine Manufacturers?"},"content":{"rendered":"\n
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Can I Sue Vaccine Manufacturers?<\/h1>\n
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\n By Kellie Pantekoek, Esq.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

No, vaccine companies have legal protection against injury lawsuits \u2014 except in a few rare circumstances. Instead, you may file a claim under a government fund like the Vaccine Injury Compensation Program (VICP) for serious side effects from a vaccine. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Vaccines have helped to eradicate diseases such as polio, tetanus, and smallpox. Vaccines are not risk-free, however. Everyone reacts differently to a vaccine. Some people sustain injuries or adverse reactions from vaccination.<\/p>\r\n

Despite this, we cannot sue vaccine manufacturers for any harm that results from inoculation. When most drugs cause harm, pharmaceutical companies face product liability lawsuits. But that isn’t the case with vaccines. <\/p>\r\n

This does not mean there are no remedies in case of an injury or death. The federal government has two programs to compensate anyone who sustains vaccine-related injuries. The first is the Vaccine Injury Compensation Program<\/a>. The second is the countermeasures injury compensation program<\/a> (CICP).<\/p>\r\n

This article will explore both programs. You can also discuss your legal options with a personal injury lawyer<\/a>. <\/p>\r\n

Why Can’t Drug Companies Be Sued for Vaccine Injuries?<\/h2>\r\n

Companies have liability protection so that vaccines will continue to be available to the public. Drugmakers and federal government officials admit that although vaccines help keep the public safe, they can cause rare, serious, and sometimes fatal side effects. Plus, mandatory vaccine laws<\/a> require people to accept those risks, with some exemptions<\/a>.<\/p>\r\n

In the 1970s and ’80s, drugmakers paid millions to plaintiffs in hundreds of vaccine-related injury lawsuits. The litigation was complex and expensive because it was challenging to show epidemiological cause and effect in these cases.<\/p>\r\n

Eventually, some drugmakers decided to stop making vaccines altogether. This shutdown drew alarm from public health officials. They worried about sustaining existing vaccines and developing new vaccines. Without them, the country could face a major health crisis. <\/p>\r\n

In 1986, Congress passed a law protecting vaccine manufacturers from civil personal injury and wrongful death lawsuits resulting from vaccine injuries. That law is the National Childhood Vaccine Injury Act of 1986<\/a> (the Vaccine Act). This protection aims to enable vaccine research and manufacturing.<\/p>\r\n

The National Childhood Vaccine Injury Act<\/h2>\r\n

Congress stepped in with the Vaccine Act to ensure the injured would receive compensation. It also protects drugmakers from open liability. Yet, vaccine companies don’t have total legal immunity.<\/p>\r\n

In 2011, the United States Supreme Court clarified<\/a> the type of lawsuits the Vaccine Act protects. The Court ruled that the federal law protects drugmakers from design-defect claims<\/a> as long as the vaccine was properly manufactured and carried adequate warning labels.<\/p>\r\n

The National Vaccine Injury Compensation Program<\/h2>\r\n

When Congress granted drug companies immunity in regular Court with the Vaccine Act, it established the Vaccine Injury Compensation Program. The no-fault compensation program is its own "court" created to compensate those who claim to have suffered vaccine side effects caused by vaccines.<\/p>\r\n

Since its creation in the late 1980s, the program has paid more than $4 billion<\/a> to those who said vaccines harmed them. The average payment per injured party from 2013 to 2017 was about $430,000<\/a>, an average of $229 million annually.<\/p>\r\n

How Does the Vaccine Injury Compensation Act Work?<\/h2>\r\n

Because the program is not fault-based<\/a>, people claiming vaccine injuries do not have to prove that the vaccine caused the damage. Instead, they only have to show that the injury occurred within a certain time period after vaccine administration, depending on the vaccine and injury type.<\/p>\r\n

Some injuries must appear within 24 hours, while others can appear up to three years later. Any injuries appearing three years after inoculation would not be eligible. <\/p>\r\n

After the death or discovery of the injury, you’ll also have a limited time to file for compensation. The time limit is generally two or three years under the vaccine injury limitations<\/a>.<\/p>\r\n

The Vaccine Injury Table<\/a> covers possible vaccine-related injuries and side effects. The program must also cover the vaccine involved.<\/p>\r\n

All routinely administered vaccines include:<\/p>\r\n