The Supreme Court rules in a case that could change vaccine injury lawsuits

The USA Supreme Court refused to hear a case that could have changed significantly vaccine injury lawsuits throughout America.

In the case of WJ v. Secretary of Health and Human Servicesparents wanted to sue after their child suffered from a vaccine injury. However, under the Vaccine Injury Act, all lawsuits must be resolved within 36 months.

The unnamed parents argued that the toll provision, which would extend the statute of limitations, should apply in their case. That would give them six years to file a lawsuit.

If the Supreme Court had heard the case and ruled in favor of parents’ ability to sue, it could have given other Americans more time to sue for vaccine injuries.

The case

This case revolved around “WJ,” represented by his parents, RJ and AJ

WJ received the measles, mumps, and rubella (MMR) vaccine when he was about 1 year old. A year later, WJ was diagnosed with a speech delay. Another year had passed and WJ now had one autism diagnosis.

WJ also eventually suffered from immune-related blood disorders, which led to hospitalization, before doctors told his parents he had a chromosomal condition called an Xq28 duplication.

While the parents eventually tried to apply for compensation under the Vaccine Act and through the National Vaccine Injury Compensation Program, they were told it was too late due to the statute of limitations.

“If the Federal Circuit Panel’s decision in this case stands, it will unfairly affect some of the least powerful and most vulnerable among us — those with legal disabilities,” the petitioners wrote in a filing. “The panel decision is not only clearly wrong, but also fundamentally unjust.”

The Federal Circuit agreed with Health and Human Services that the toll provision did not apply in this case.

“We are obviously disappointed by the SCOTUS decision,” a representative for the plaintiffs said Newsweek. “We cited a law that clearly states that the statute of limitations for all petitions in the United States Court of Federal Claims by people with legal disabilities extends until six years after their disability ends. Apparently this now applies to everyone except those submitting vaccination claims. that fair and just equal justice for all?”

Newsweek contacted Health and Human Services via email for comment.

Greater concerns about vaccines

The issue of vaccine injury compensation has come under increasing scrutiny since the pandemic.

Although the vaccines approved for COVID-19 are predicted to have saved nearly 20 million lives, rare side effects and concerns about their rapid adoption by the public remain debated, especially among some conservatives.

During a conversation with podcast host Joe Roganvice president-elect J.D. Vance said he knows of a senator with “severe” effects from the COVID-19 vaccine that still affect him today.

“I have one Senate colleague who doesn’t want to talk about it, but is concerned that it will permanently affect his sense of balance, dizziness and lightheadedness, and it’s happening,” Vance said.

During the conversation, Rogan said many are reluctant to talk about their side effects for fear of being labeled an anti-vaxxer.

“You’re not allowed to ask any questions about it,” Rogan said. “You’re not allowed to talk about it. People know people who have been injured by vaccination, especially people on the left. They are very reluctant to talk about it… They are afraid of being labeled as an anti-vaxxer.”

The most common side effects of the COVID-19 vaccine are pain and swelling at the injection site, while others report fatigue, headaches and muscle aches.

In rare cases, patients may experience serious side effects. Anaphylaxis, a severe allergic reaction that can cause breathing problems, has been reported along with some other serious conditions, the CDC.

Guillain-Barré syndrome is a side effect that occurs when your immune system attacks healthy nerve cells, leading to muscle weakness and paralysis in some cases.

Other rare side effects include myocarditis and pericarditis, a condition in which your heart muscle or surrounding tissue becomes inflamed.

Thrombosis with thrombocytopenia syndrome has also been associated with the COVID-19 vaccine. In these cases, patients suffered from blood clots or increased blood clotting.

“Acute and serious adverse events are rare and typically associated with known allergies to vaccine components,” Joshua LaBaer, ​​professor and executive director of the Biodesign Institute at Arizona State University, told IPS. Newsweek.

“Like everything in medicine, it comes down to a careful risk-benefit analysis. In the case of vaccination, there is strong data that the benefits outweigh the risks.”