What kind of damages can petitioners get if the court finds that vaccines did cause their autism?
Vaccine court is not adjudicating damages now. The court first decides if vaccines or vaccine-related components caused autism. Only then, if the court finds causation, will it proceed to damages and hold separate hearings to decide amounts. Under the NCVICA, some damages are capped, with a vaccine-related death receiving $250,000, pain and suffering receiving up to $250,000. Petitioners may be awarded compensation for the medical needs of vaccine-injured children and reasonable attorneys’ fees. There are no punitive damages available. (See 42 USC 300aa-15(a)(B)(2) HERE.) The damage awards come from a federal vaccine compensation fund that results from a $.75 tax on all mandated vaccines. If a petitioner brings suit in vaccine court but rejects the court’s decision, the petitioner may then bring a lawsuit in an ordinary court and may seek general and punitive damages against vaccine manufacturers.
