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Supreme Court Case May Wipe Out Vaccine Industry

By Michael Fumento

Back when Congress knew how to pass good legislation, in this case in the mid-1980s, it took most cases involving vaccine liability out of the normal court system and put them in a special vaccine court where science and medicine would rule instead of the whims of scientifically and medically ignorant juries.

That's because vaccine companies were going the way of the woolly mammoth, in part because it's just not a very profitable business and in great part because they were awash in over $3.5 billion of lawsuits claiming little more than the post hoc fallacy of "Before the person was vaccinated her or she was fine and since the vaccination he or she became sick." Seriously.

If certain people in black robes make the wrong decision, this guy in a black robe will need to be paid overtime.

Even as it dramatically cut spurious claims, it helped persons who really had suffered from adverse reactions both by cutting litigation costs and by taking them outside of "roulette wheel" justice wherein a case might net a reward of millions while a virtually identical one would be rejected entirely.

But as I write at Forbes.com, this system itself is now endangered by a Supreme Court case in which the plaintiffs are claiming that having lost their case in Vaccine Court that rather than appeal within that system they should be able to try the case in state or federal court. And Congress did allow for some such exceptions.

But no, not this one. It's very clear from the history of what led up to the statute that Congress did not want cases such as these to bypass the system. Why? In part as one court found, it could to a great extent destroy that very system. I provide other arguments. If we lose this system many, many children will not get their vaccines until something else is instituted. And many will die.

October 27, 2010 10:53 AM  ·  Permalink