Kennedy Sets Sights on Overhauling the Federal Vaccine Court

Kennedy Eyes Major Overhaul of Federal Vaccine Court

A System in Need of Change

For nearly four decades, the Vaccine Injury Compensation Program has offered financial relief to Americans who can prove they were harmed by vaccines, while shielding manufacturers from direct lawsuits. Even its strongest supporters acknowledge the program is slow, understaffed, and often feels adversarial to families in genuine need.

Kennedy’s Criticism and Reform Agenda

Health Secretary Robert F. Kennedy Jr. has vowed to revamp the court, promising a faster and more efficient process for claimants. On social media last month, he accused the program of being bogged down in “inefficiency, favoritism, and outright corruption,” claiming parents are forced to battle the “monumental power” of the U.S. government. Kennedy also alleges the court intimidates expert witnesses and petitioners’ attorneys — and has repeatedly advanced the false claim that it bars families from suing vaccine makers outside this system.

Concerns Over Potential Fallout

Public health experts warn that some of Kennedy’s proposed changes could trigger a flood of lawsuits, threatening vaccine production and undermining public access. “He can fix this system without destroying it,” said Tony Yang of George Washington University, who sees Kennedy’s tone as more combative than solution-focused. Allies of the secretary have historically lost cases in the vaccine court and in traditional courts, including a 2022 trial in which Kennedy delivered closing arguments — and lost.

How the Vaccine Court Works

Created by Congress in 1986 after a surge in lawsuits drove vaccine makers from the market, the court’s “special masters” decide claims based on available evidence. It covers most vaccines routinely given to children and pregnant women and is funded by a small tax on each shot. Since inception, it has paid $5.4 billion, approving about 42% of the 28,000 claims filed. Claims linking vaccines to autism, however, have been consistently denied based on extensive scientific evidence.

Structural Problems and Needed Fixes

Some reforms require congressional action, such as increasing the number of special masters — currently eight — to handle roughly 1,200 new cases a year. Experts also call for more staff to review medical records and a modern online tracking system for claimants. The fund has a $4 billion surplus that could be used for these improvements.

Streamlining Legitimate Cases

Kennedy has proposed a fast-track system for rare, well-documented vaccine injuries to speed up compensation. Attorneys like Altom Maglio argue that government lawyers often fight over established injury links, unnecessarily delaying payouts. Others, such as Dr. Daniel Salmon of Johns Hopkins, caution that some awards are made with insufficient evidence and that more research is needed.

The Covid-19 Vaccine Question

Kennedy has floated moving Covid vaccine injury claims into the vaccine court. Currently, those cases are handled by the Countermeasures Injury Compensation Program, where over 14,000 claims have been filed but only 69 approved. Critics warn that merging this backlog with the vaccine court’s workload could overwhelm the system.

The Risk of Redefining Injury Tables

Without congressional approval, Kennedy could revise the official injury table — a move experts fear could allow claims for conditions like autism or asthma long after vaccination. Such a change could open the floodgates to tens of thousands of new claims, straining the court’s capacity and potentially limiting vaccine availability.

Legal Realities and Misconceptions

Despite Kennedy’s assertions, claimants can take cases to traditional courts if the vaccine court fails to respond within 240 days or if they reject the compensation offer. However, experts like Renee Gentry note that these cases are extremely difficult to win, making the vaccine court a more viable route for most families.

Kennedy’s Long History With Vaccine Litigation

Kennedy has been active in vaccine-related lawsuits for years, including cases against Merck over the HPV vaccine Gardasil. Initially, he planned to keep his financial stake in these lawsuits after becoming health secretary but transferred them to his son amid ethics concerns. He has hired figures from his anti-vaccine advocacy network, such as David Geier and Lyn Redwood, both of whom have promoted discredited theories about vaccine ingredients like thimerosal.

Fears of a Total Program Collapse

Some in the industry believe Kennedy may be open to eliminating the vaccine court entirely — a move that could destabilize vaccine access in the U.S. “He’d be fine with the program’s collapse,” said attorney Richard Hughes IV, who represents vaccine makers.