NVIC Opposes Proposed Changes to the 1986 Act Vaccine Injury Table

During the March 6th meeting of the Advisory Commission on Childhood Vaccines (ACCV), it was revealed that confidential correspondence was sent to each individual commissioner soliciting their personal comments on a proposal to remove syncope (sudden loss of consciousness) and shoulder injury related to vaccine administration (SIRVA) from the vaccine injury table (VIT) of the federal Vaccine Injury Compensation Program (VICP). ACCV was created under the National Childhood Vaccine Injury Act of 1986 and this covert action is a departure from procedure and the federal law requirement for ACCV to publicly discuss and vote on changes to the VIT.

SIRVA is currently one of the leading compensated vaccine injuries. A 2018 report found that half of the compensation claims, which have been filed in the VICP since SIVRA was added to the VIT in February 2017, have involved SIRVA. Before syncope and SIRVA were originally added to the VIT, ACCV held a meeting that was open to the public and included presentations from agencies providing scientific evidence that was discussed by ACCV members.

During the March 6, 2020 ACCV meeting, Commissioner Karen Kain, NVIC's nominee to the ACCV and the mother of a vaccine injured child who died of her injuries, and Commissioner John Howie expressed deep concern over the lack discussion relating to proposed changes to the VIT. 

NVIC Supports Transparency, Opposes Further Erosion of VIT

In its public comment, NVIC stated that the same transparent federal advisory committee procedure should be followed whenever ACCV is considering removing vaccine-related adverse events from the VIT, including these two acknowledged adverse events. NVIC expressed support for allowing individuals suffering from shoulder injuries or sudden loss of consciousness after vaccination to apply for and receive federal compensation.

NVIC submitted to the ACCV and their federal designated officer a statement and notice to produce the confidential correspondence sent to the commissioners and other materials related to this proposed modification to the VIT and process requests including that any discussions about changes to the VIT be conducted publicly.

Read NVIC's full statement to the ACCV here.

ACCV Meeting on May 18 - You Can Make Public Comment

However, on April 27, 2020, the U.S. Health Resources and Services Administration issued a public notice that the ACCV will meet via teleconference on May 18, 2020 to discuss possible changes to the VIT. This teleconference will provide an opportunity for the public to submit written and oral comments (likely limited to 2 minutes).

To register for the upcoming meeting and submit a public comment to the ACCV, visit the Federal Register.

Since the 1986 Act was passed and the VICP funded in 1988, NVIC has publicly opposed the systematic erosion of the VIT and the VICP by the Department of Health and Human Services and the Department of Justice. Following are three public comments, which are among many that NVIC has made to Congress and federal agencies over the past four decades: