CHAPTER 27

• Jurisdiction: United States

CHAPTER 27 UNANSWERED QUESTIONS FOR FUTURE VACCINE CLAIMS

Sad but true: There will be future pandemics. There will be future needs for vaccines. Not all will be perfectly matched with the health of future inoculated patients. Some patients will be harmed. Can the injured person receive compensation for the injury that was attributable to the vaccination and/or the vaccine? Forecasts may be wrong. . . .

There will be future critical adverse health events among a small percentage of those patients who are vaccinated. Some of those who experience adverse consequences from vaccine reactions will die or be disabled. Some investors will be hesitant to pay for development of a new vaccine, in the event that federal law changes—some would say "became more balanced" and allowed the future tort plaintiffs to challenge their product or their vaccine production as a source of injuries.

Now we offer a series of possible questions to be answered in the future realities of future vaccines:

• Ultimately, is the compensation system fair to those individual vaccine recipients who were harmed?
• Does the denial of attorney's fees for COVID vaccine petitioners dissuade attorneys from taking CICP claims?
• Did the actions of Congress in 2005 with the CICP foreclose any hope of compensation for the future COVID-19 vaccine claimants in 2021 and beyond?
• Will there be a public awareness of the need for future changes in CICP and VICP compensation systems?
• Can our society fairly deal with the needs for remedial care among those COVID vaccine recipients who are asserting harm from their vaccines?
• Will injury victims have the political voice to claim "fair" compensation, seeking amendments to CICP and VICP in the face of industry opponents' likely arguments for preserving their ironclad shield against liability?
• Is there some better healthcare delivery system than today's

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