Who Does the Childhood Vaccine Injury Act Protect?

Who Does the Childhood Vaccine Injury Act Protect? Hint: It isn’t the kids…

By Deirdre Imus

The laws of a country are, generally, designed to protect its citizens. How this ideal is interpreted is a topic of debate in various circles, but its goal is lofty, if not quite perfect. Of specific necessity are laws aimed at protecting children, including child abuse, welfare, and labor laws. Of zero necessity, in my view, is the National Childhood Vaccine Injury Act (NCVIA), which sounds like it has the best interests of this nation’s young citizens in mind, but actually serves a much different purpose.
Congress passed the NCVIA in 1986, and President Ronald Reagan signed it into law soon after. Taken at face value, the law has some admirable provisions: it established improved communication regarding vaccines across all Department of Health and Human Service agencies; required health care providers who administer vaccines to provide a vaccine information statement to the person getting the vaccine or his or her guardian; and established a committee from the Institute of Medicine to review the literature on vaccine reactions.
Dig a little deeper, however, and the NCVIA does less to protect patients than it does drug companies making vaccines. When Reagan signed the NCVIA, he also created the National Vaccine Injury Compensation Program (VICP), which allows anyone—children and adults—who have suffered an injury (or worse) following a vaccination to file a claim. To date, it has paid out nearly $4 billion in compensation since 1988, including the 2008 case of Hannah Poling, whose family received more than $1.5 million in a landmark court award for a vaccine-autism claim.  
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