Introduction of the National Vaccine Injury Compensation Program Improvement Act of 2019

Floor Speech

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Ms. NORTON. Madam Speaker, today, I introduce the National Vaccine Injury Compensation Program Improvement Act of 2019. This bill would further encourage the development of important vaccines by doubling the maximum number of special masters the Court of Federal Claims can assign to vaccine cases. I am pleased to be introducing this in conjunction with Senator Bob Casey, who is introducing a companion bill in the Senate.

Vaccines are a vitally important component of our public health system. The National Vaccine Injury Compensation Program (``Program'') was created by Congress in 1988 so that individuals and families of individuals injured by childhood vaccines could receive financial compensation. This ``no-fault'' system caps the amount of compensation allowed under the Program for vaccine-related injuries, thus meeting the dual goals of encouraging further development of vaccines and compensating anyone injured by them.

The Program was also designed to accelerate the compensation process so plaintiffs would not have to undergo a full trial before receiving damages that could potentially be used to address their injuries. However, as the number of vaccines covered under the Program has increased, so, too, has the number of cases brought before the court and the special masters. The number of petitions filed has increased from 24 in fiscal year 1988 to 1,120 in fiscal year 2016.

Congress capped the number of special masters at eight when it first authorized the Program, and has not increased the number since, despite the increase in covered vaccines and petitions filed. To meet the demand caused by the increased number of these complex cases, my bill would increase the maximum number of special masters allowed to 16. Moreover, the court may reduce the number of special masters should the number of cases drop, as this is a statutory ceiling, not a floor.

This is an important measure to ensure compensation when necessary and further important medical development. I urge my colleagues to support this bill.

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