That didn’t matter. There is a law from 1985 that vaccine makes can’t be sued.
But that law was over ridden. Congress stepped in with the Vaccine Act to ensure the injured would receive compensation. It also protects drugmakers from open liability. In 2011, the United States Supreme Court clarified the type of lawsuits the Vaccine Act protects. The Court ruled that the federal law protects drugmakers from design-defect claims as long as the vaccine was properly manufactured and carried adequate warning labels.
When Congress granted drug companies immunity in regular Court with the Vaccine Act, it established the Vaccine Injury Compensation Program. The no-fault compensation program is its own “court” created to compensate those who claim to have suffered vaccine side effects caused by vaccines.
Since the program’s creation in the late 1980s, it has paid more than $4 billion to those who said vaccines harmed them. The average payment per injured party from 2013 to 2017 was about $430,000, an average of $229 million annually.
Because the program is not fault-based, people claiming vaccine injuries do not have to prove that the vaccine caused the damage. Instead, they only have to show that the injury occurred within a certain time period, depending on the vaccine, after vaccine administration. And that criteria is covered under the vaccine injury table. But not all vaccines fall under the table.
If your injury and/or condition is not on the Table, or if your injury and/or condition does not meet the Table requirements, you must prove through evidence such as expert witness testimony, medical records, or medical opinion that the vaccine caused the injury and/or condition. And that will constitute a court action defined by use of the act. In other words, a lawsuit based not upon the safety of the vaccine, but upon the time and symptoms of the follow-on illness.
But the covid vaccines would not fall under the table as it was an emergency FDA approval and would not be determined fault as they advertised their possible problems not knowing what they were or even if they existed by getting the emergency administration. Save harmless by being distributed as an emergency drug. So if you prove the drug caused illness within a certain time, and using expert witnesses, you can get a court action for the fund to pay you damages. But it won’t be the drug companies money.
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