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

EPISODE · Feb 13, 2025 · 46 MIN

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

from Why Should I Trust You? · host Brinda Adhikari, Tom Johnson, Maggie Bartlett, Dr. Mark Abdelmalek

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 AdhikariTom JohnsonMaggie BartlettDr. Mark AbdelmalekGuest: Dorit Reiss, Professor of Law, University of California Law San Francisco; vaccine law specialistSources:GAO report 2024 on how Covid vaccine compensation program is fairinghttps://www.gao.gov/products/gao-25-107368New York Times from November 1986 on Reaganhttps://www.nytimes.com/1986/11/15/us/reagan-signs-bill-on-drug-exports-and-payment-for-vaccine-injuries.htmlPaul Offit on vaccine compensation historyhttps://pauloffit.substack.com/p/a-dangerous-time-for-americas-children-3bbWashington Post 1987https://www.washingtonpost.com/archive/politics/1987/03/06/administration-attacks-vaccine-law/a12c8353-e075-443c-b026-9a6ea00ff61b/Time Magazine 2015https://time.com/3995062/vaccine-injury-court-truth/Newsweek 2023 https://www.newsweek.com/surge-vaccine-lawsuits-forces-biden-admin-hire-more-attorneys-1843385Thanks 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]

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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...

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

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