Vaccine Policy Expected to be Front and Center at Confirmation Hearings for Nominee Health and Human Services Secretary

 Posted on January 29, 2025 in Vaccine Information

With the nomination of Robert Kennedy, Jr., as the next Secretary of Health and Human Services (HHS), vaccine policy is expected to take a starring role in the confirmation hearings.

The Vaccine Injury Compensation Program (VICP) is a federal compensation program designed to compensate individuals injured by covered vaccinations. While the Program was initially established by Congress in 1986, the Department of Health and Human Services plays a critical role in the VICP.

When a case is filed in the VICP, the Department of Health and Human Services is listed as the respondent. As the head of that department, the Secretary of Health and Human Services is named in every case filed in the VICP.

In addition to being the respondent, HHS also functions as an administrator of the VICP, for example, proposing modifications to the Vaccine Injury Table. With these important functions, the Secretary of Health and Human Services plays an important role in how the VICP works and the Secretary is in a position to make meaningful changes to the VICP.

While the VICP has not played a significant role in the confirmation hearings of potential HHS Secretary’s in years past, with the nomination of Mr. Kennedy, the nominee’s interest in vaccine policy is expected to play a crucial role in the confirmation process.

As attorneys that practice solely in the Vaccine Injury Compensation Program, it’s our hope that the interest in vaccine policy that the nomination of Mr. Kennedy has brought forth will extend to enacting meaningful changes to the VICP, including adding Covid-19 vaccinations to the Program, hiring additional Program judges (known as Special Masters) and perhaps reviewing the statutory cap for pain and suffering which has remained unchanged since Congress created the Program in 1986.