Please note!

This fact brief was originally published as an experiment to test the concepts behind fact briefs.

Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF

Are vaccine manufacturers in the US legally liable for side effects related to their vaccines?

Friday, August 7, 2020

By Allegra Taylor

Copy link

Copy featured image

Laws in the U.S. largely protect vaccine manufacturers from liability for vaccine-related harm.

The National Childhood Vaccine Injury Act of 1986 was created in response to a rise in vaccine-related litigation in the 1970s and 1980s that lawmakers feared would drive vaccine manufacturers out of the market.

The law established a federal court program for vaccine injury claims. The program allows injured parties to be compensated while limiting liability for manufacturers, so long as the manufacturers comply with regulatory requirements. Damages are paid through a tax on vaccines.

In a 2011 case the Supreme Court expanded the Vaccine Act by ruling that manufacturers are protected from lawsuits alleging injuries from defectively designed vaccines.

This fact brief is responsive to conversations such as this one.

Sources

Emory University: Law Journal - liability for vaccine injury

AMA Journal of Ethics: The NCVIA and the Supreme Court's interpretation

Cornell: Bruesewitz v. Wyeth, Inc.

ABOUT THE CONTRIBUTOR

Gigafact

Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.

FACT BRIEF BY

Latest fact briefs

About fact briefs published on Gigafact

Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.