Is it True You Can't Sue a Vaccine Manufacturer? We Ask a Vaccine Legal Scholar

A major source of mistrust in public health today is the belief that you can't sue a vaccine manufacturer if you suffer an adverse reaction. Many ask: Why should I trust vaccines if I can't hold vaccine makers accountable? For them, it sounds un-American, heavily biased toward Big Pharma, and proof that the system is rigged. It is something that the incoming health secretary Robert F. Kennedy Jr. has spoken about often. 

But is it true? 

In this episode, we sit down with Dorit Reiss, a legal scholar specializing in vaccines and the law, to separate fact from fiction. We dive into why vaccine makers were ever granted any shield from liability to begin with. And we look at where America ultimately landed on this issue, by unpacking the facts and tracing the history. What we found surprised us. 

We asked: what recourse do people have if they experience a rare side effect and want accountability from a vaccine maker? What avenues exist today and do they work? Is our understandable desire to have available vaccines -- which have saved hundreds of millions of lives -- allowing room for a fair process to hold vaccine makers accountable for adverse reactions?

Plus, as Robert F. Kennedy Jr. now becomes the new leader of the Department of Health and Human Services, what potential changes could he bring to the vaccine landscape?

Hosts:

Brinda Adhikari

Tom Johnson

Maggie Bartlett

Dr. Mark Abdelmalek

Guest: 

Dorit Reiss, Professor of Law, University of California Law San Francisco; vaccine law specialist

Sources:

GAO report 2024 on how Covid vaccine compensation program is fairing

https://www.gao.gov/products/gao-25-107368

New York Times from November 1986 on Reagan

https://www.nytimes.com/1986/11/15/us/reagan-signs-bill-on-drug-exports-and-payment-for-vaccine-injuries.html

Paul Offit on vaccine compensation history

https://pauloffit.substack.com/p/a-dangerous-time-for-americas-children-3bb

Washington Post 1987

https://www.washingtonpost.com/archive/politics/1987/03/06/administration-attacks-vaccine-law/a12c8353-e075-443c-b026-9a6ea00ff61b/

Time Magazine 2015
https://time.com/3995062/vaccine-injury-court-truth/

Newsweek 2023
https://www.newsweek.com/surge-vaccine-lawsuits-forces-biden-admin-hire-more-attorneys-1843385

Thanks for listening! If you like us, please leave a review, rate us, and please subscribe! 

Got questions? Comments? We'd love to hear from you! Email us at [email protected]