Vaccine Court: The Hidden Place Where Injured Americans Go for Help

Just a few blocks from the White House, there is a special court most Americans have never heard of. It is called the National Vaccine Court. Since it opened in the late 1980s, it has paid out nearly $5 billion to about 12,000 Americans who were hurt by vaccines. Today, with more people questioning vaccine safety, this quiet court is under new pressure.

Jacob Thompson is 13 years old and lives in St. Louis. He loves airplanes, swimming, and Chick-fil-A. But Jacob can only say a handful of words and needs help walking more than a short distance. His parents say he was a happy, alert baby before something changed at six months old.

At his six-month checkup, Jacob got a combination vaccine called DTaP, which protects against three diseases. It is considered safe and effective. But within hours, Jacob began having seizures. The seizures never stopped, and by age two he could have up to 700 in a single day.

Jacob's parents believed the vaccine was connected to his illness. They hired lawyer Renée Gentry, an expert in vaccine injury cases at George Washington University Law School. She says most of her clients support vaccines but need help when something goes wrong. 'Most of them will start the conversation by saying, I'm not anti-vax,' she said.

Serious vaccine injuries are extremely rare — some experts compare the odds to being struck by lightning. Vaccines have saved an estimated 154 million lives around the world. But when someone is hurt, they can go to vaccine court. The court is part of the National Vaccine Injury Compensation Program, created by Congress in the 1980s.

Congress made the court after a vaccine scare caused drug companies to stop making certain vaccines. To fix this, Congress protected companies from most lawsuits so they would keep producing vaccines. At the same time, it created an easier path for hurt people to get compensation. Senator Ted Kennedy called it the government's duty to help people harmed by vaccines used for the public good.

Vaccine court works differently from a regular court. There is no jury — cases are decided by judges called special masters. It is a 'no fault' court, meaning families do not have to prove anyone did anything wrong. They only need to show the vaccine most likely caused the harm, which is an easier standard than in regular courts.

Money for payments comes from a 75-cent tax on every recommended childhood vaccine. This goes into a special fund just for vaccine injury compensation. Lawyers are paid by the hour so there are no huge paydays. The goal is to keep the process focused on helping people who were hurt.

Last July, Jacob's family received $2.1 million after a special master ruled the vaccine most likely worsened a hidden genetic condition. Jacob also received a lifetime annuity to cover his future care. His lawyer said the science was not 100 percent certain, but Congress planned it that way on purpose. 'It would be better to compensate somebody that wasn't injured than to miss somebody who was,' Gentry said.

In the early 2000s, many families claimed vaccines caused their children's autism, flooding the court with cases. Three special masters spent nearly a decade reviewing the claims, reading hundreds of studies and hearing from dozens of experts. All three concluded there was no proof that vaccines cause autism. Eight more federal judges agreed when the rulings were appealed.

Robert F. Kennedy Jr., now the Secretary of Health and Human Services, has said the court has been unfair to families. He wants to expand the list of injuries that qualify for payment. He called the court 'a disaster for the families of injured children.' His uncle helped start the very program Kennedy is now criticizing.

Ryan Farrell is a father of three from the Boston area who worked as a power line worker. In 2017, he got a tetanus shot after cutting his hand at work. Days later, severe pain began, and he was eventually diagnosed with a rare autoimmune disease. 'I didn't wanna live for a long time,' Ryan said of his suffering.

Ryan's wife Angela found vaccine court online and helped file a claim in 2019. Six years later, a special master ruled the tetanus shot most likely caused Ryan's illness. But the court still has not decided how much money he should get. Ryan remains unable to work and says the process was far too slow.

The court admits it is behind. Its chief special master has asked Congress four years in a row for more resources to handle a backlog of more than 3,000 cases. Congress has not acted. Reporters say this is partly because vaccines have become such a hot political topic that lawmakers are afraid to get involved.

Jacob Thompson's father says his family is not against vaccines. 'Vaccines are great. They've done a lot to help people,' John Thompson said. 'But I think that parents need to know what can happen.' Supporters say the court, despite its problems, still does an important job — protecting public health while caring for those harmed along the way.