Parker Waichman LLP

Vaccine Maker Immunity Questioned

Consumer advocates are saying that a legal protection known as the National Childhood Vaccine Injury Compensation Program shelters vaccine makers and compromises drug safety, according to a report in today’s Wall Street Journal. The pharmaceutical industry disagrees. SmartBrief pointed that a relatively recent ruling found that families of autistic children are not eligible for compensation […]

Consumer advocates are saying that a legal protection known as the National Childhood Vaccine Injury Compensation Program shelters vaccine makers and compromises drug safety, according to a report in today’s Wall Street Journal. The pharmaceutical industry disagrees.

SmartBrief pointed that a relatively recent ruling found that families of autistic children are not eligible for compensation under the program, which has many wondering to whom the program offers the most benefits.

According to FiercePharma, vaccinations have become a huge boon for industry, pointing out that the Program, which was developed in 1986, was meant for the development of vaccines to prevent childhood diseases and to ameliorate the dearth of companies willing to remain in a vaccine business heavy with lawsuits and minimal profits. The Wall Street Journal (WSJ) noted that the vaccines worked and significantly minimized a wide variety of childhood diseases.

Because vaccine sales have increased and represent a business expected to garner over $21 billion in profits over the next couple of years, critics feel the program is no longer needed, said the Journal. As the Journal pointed out, the program prompted the creation of a special vaccines court known as the Office of Special Masters at the U.S. Court of Federal Claims in 1986 and limited damages to only $250,000 in the worst of all scenarios: Death cases. That’s little recompense for patients and families of patients who believe vaccines have caused severe, life-long, and crippling harm.

There especially seems no hope for injury claims, especially in light of the recent ruling that found no link between childhood vaccinations and autism. Of note, said the WSJ, had the Vaccine Court found in favor of the families, payment would not have been generated by the vaccine companies. Instead, the government would have used monies from a tax assessed on inoculations to cover the fees.

Regarding the special court, Lars Noah, a specialist in medical technology at the University of Florida’s law school, told the WSJ, “When you’ve got a monopoly and can dictate price in a way that you couldn’t before, I’m not sure you need the liability protection”. Of course, the pharmaceutical industry disagrees, claiming that it needs the protection to continue with clinical trials.

In addition to the benefit of the special program, the vaccine court, and the financial cap, vaccine makers have a decided benefit over drug manufacturers since vaccines cannot be made into generics, said the WSJ.

Barbara Loe Fisher, co-founder of a nonprofit parents’ group called the National Vaccine Information Center, a fierce voice against making Merck’s Gardasil vaccines mandatory, and one of those who worked on the original law, says high-priced, emerging vaccines, such as Gardasil, which are not critical to pandemic prevention, do not work in concert with the original law.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Good for the body of lawyers and all the staff, very good team, also congratulate Jorge Peniche for his excellent work, and his way of treating people, very good person.
Carlos Olmedo
5 years ago
5 Star Reviews 150
The best lawyer company I have ever met, very attentive, very concerned about my case, especially Jorge Peniche, who helped me with everything with my medication, my therapy, and followed up on my case from the beginning. It is a company that I recommend to all my friends. Friends Parker Waichman
Nestor Herrera
5 years ago
5 Star Reviews 150
Parker Waichman handled a slip and fall case for my husband - which was handled with the utmost professionalism. Speaking with the paralegal assigned to the case, Lynda Luckman, was an absolute pleasure. She was helpful from the inception of his case, up until receiving closing papers. She always knew exactly what the status of the case was and was always there to answer any and all questions we had. Her patience and kindness was exemplary. Brett Zekowski, the attorney on the case, was very attentive to our requests and delivered a result that we were very pleased with. We will certainly recommend Parker Waichman to anyone in need of legal assistance!
Audra Massimo
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038