According to an adviser, Health and Human Services Secretary Robert F. Kennedy Jr. is weighing whether to add certain autism-related symptoms to the “official list of vaccine side effects eligible for compensation under the federal injury program,” Bloomberg reported on Thursday.
The National Vaccine Injury Compensation Program protects companies from most lawsuits and establishes a fund that provides compensation to individuals who experience serious reactions to vaccines covered by the program. Since 1988, the fund has distributed approximately $5 billion. As health secretary, Kennedy has the authority to modify the list of conditions eligible for compensation claims.
Before filing in court, injured individuals must bring their claims to the program’s nonjury vaccine court to determine what, if any, compensation should be provided. RFK Jr. has criticized the federal vaccine compensation program as overly complex and stingy toward those claiming vaccine injuries. The program imposes a statute of limitations of about three years. It was established by Congress nearly 40 years ago, following a surge of lawsuits that drove some vaccine makers out of the market.
Andrew Downing, an attorney specializing in vaccine injury cases and adviser to RFK Jr., said the administration has a “team looking at it.” He added, “We have to figure out a way to capture these kids,” he said, referring to children with autism while speaking at an event Thursday.
If confirmed, the reported changes would need to pass through an extensive regulatory process to be fully implemented, Bloomberg noted.
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