The Federal Vaccine Injury Compensation Program was a pioneering no-fault federal tort reform innovation when it was created two decades ago, but it is no longer the fast, generous, and less adversarial program that Congress originally created or that the Supreme Court recently described in Bruesewitz v. Wyeth. This article describes the serious problems that exist in the Vaccine Injury Compensation Program today, and proposes several legislative and other suggestions to fix these problems. Important lessons on how to improve the Vaccine Injury Compensation Program can be learned from several other recent federal compensation programs, including the Smallpox Compensation Program and the 9/11 Compensation Program.
GW Paper Series
GWU Legal Studies Research Paper No. 2012-20; GWU Law School Public Law Research Paper No. 2012-20
Peter H. Meyers, Fixing the Flaws in the Federal Vaccine Injury Compensation Program, 63 Admin. L. Rev. 785 (2011).