Category Archives: National Vaccine Injury Compensation Program

The Facts about the National Vaccine Injury Compensation Program

“In this post I explain how one goes about proving a case in the  National Vaccine Injury Compensation Program (NVICP), and how that differs from proving a case in the civil courts, focusing on what it means to have a no-fault program and proving causation. I will use a case that started with the tragic death of a young child after a vaccine to illustrate the complexity and operation of the program, and also to address the idea of federal preemption, and how it limits the ability of those claiming vaccine injuries to use state courts for their claims. ”

Law and Vaccines: A Manual

This is the manual about law and vaccines prepared in collaboration between myself, Amanda Naprawa and Voices for Vaccines. It covers a range of issues.


Legal Topics: 

Vaccines: Regulating the Product

Protecting the Public Health: State and Federal Law

Disease Prevention: The CDC’s Role

Immunization Schedules

School Immunization Requirements

Religious Exemptions

Vaccines: Individual Choice and Community Welfare

Community vs. Individual: Achieving a Balance of Rights

Religion, Employment, and Rights

Parental Rights and the Child’s Right to Health

Informed Consent

Informed Refusal: The Risks of Not Vaccinating

Increasing Immunization Rates: The Role of the Law 


Government-Funded Incentives and Subsidies

Imposing Costs: Civil Lawsuits.

Imposing Costs: No-Fault Options

Limiting Unvaccinated Individuals’ Access

Vaccine Refusal and Criminal Law

Forced Vaccination

Other Issues: 

Vaccine Injuries: Compensating the Rare Adverse Event.

NVICP vs. the Courts

Are Vaccines “Unavoidably Unsafe?”

Responding to Maine’s Coalition for Vaccine Choice’s Law:

The Maine Coalition for Vaccine Choice proposed a very problematic law that could mislead parents into not vaccinating because of false claims and would go against public policy. This post explains the problems with the law.




NVICP: Responding to the AP report

In a series of articles in several news papers, authors reported on an associated press report and criticized the National Vaccine Injury Compensation Program for delays, claiming it mistreated petitioners. They used a case of an alleged vaccine injury to demonstrate the program’s faults.


This post explains the problems with the articles and with the use of the case in question:

The National Vaccine Injury Compensation Program v. the Courts

On the background of attempts by anti-vaccine activists to do away with the National Vaccine Injury Compensation Program, our no-fault program for compensating vaccine injuries, I explain why the program is better for petitioners than the regular courts.