Vaccine Litigation Database
Overview of vaccine-related litigation outside the VICP.
Overview
While the VICP is the primary avenue for vaccine injury claims, some litigation occurs outside this system. This page tracks significant vaccine-related legal cases.
Note: The VICP generally preempts state-law claims for vaccine injuries (per Bruesewitz v. Wyeth), but certain claims may still proceed in court.
The 1986 National Childhood Vaccine Injury Act
Established the VICP as the exclusive remedy for injuries from covered vaccines. Manufacturers are shielded from most design defect claims (confirmed by Bruesewitz v. Wyeth, 2011). Manufacturing defect and failure-to-warn claims may still proceed in civil court if VICP petition is unsuccessful.
Types of Vaccine Litigation
- VICP petitions — filed in the U.S. Court of Federal Claims; required first step for covered vaccines
- Off-Table claims — petitioner must prove causation; heard by Special Masters
- Civil suits post-VICP — available after VICP process is exhausted; rare
- Class action suits — historically limited; consolidated proceedings (e.g., Omnibus Autism Proceedings) more common
Notable Litigation Trends
- 1980s–1990s: High volume of DTP-related suits drove creation of VICP
- 2002–2010: Omnibus Autism Proceedings consolidated ~5,400 autism-related claims
- 2011: Bruesewitz v. Wyeth significantly limited direct manufacturer liability
- COVID-19 era: PREP Act provides broad liability protection for COVID-19 vaccine manufacturers; claims handled via CICP