Military service members continue to pursue legal action related to vaccine injuries, though the landscape is complex and involves specific legal frameworks. Many of these claims are processed through the Vaccine Injury Compensation Program (VICP), a federal no-fault system designed to handle vaccine injury claims without traditional lawsuits. Service members who believe they have been injured by vaccines typically file petitions with the U.S. Court of Federal Claims, where a Special Master—a judge specialized in vaccine injury cases—reviews the evidence and decides the outcome.
The process begins with filing a petition that includes comprehensive medical records documenting the alleged injury. The Department of Health and Human Services (HHS) acts as the defendant, represented by Department of Justice attorneys. HHS reviews the claim and may either concede that the vaccine caused the injury or dispute it. If conceded, the case moves to determining compensation; if disputed, a hearing is held to evaluate causation. Testimonies from the claimant, medical experts, and HHS experts are considered before a decision is made. If the Special Master rules in favor of the claimant, damages are assessed, potentially leading to a second hearing if there is disagreement on compensation amounts.
While the VICP handles many vaccine injury claims, some military-related cases involve exposure to substances like AFFF firefighting foam, which contains chemicals linked to cancer and other health problems. These cases are often part of large multidistrict litigations (MDLs) and class actions rather than vaccine injury claims per se. Military personnel exposed to AFFF during training or emergency responses have filed lawsuits alleging that the foam caused serious illnesses, including various cancers. These lawsuits have grown significantly in recent years, with settlements reaching into the hundreds of millions of dollars, reflecting the scale and severity of the issue.
Regarding vaccine injuries specifically, military members may still file claims if they believe they have suffered adverse effects from vaccines mandated during service. However, the process is highly regulated, and compensation is only awarded when a clear causal link is established. The legal environment is challenging due to the scientific and medical complexities involved in proving causation, as well as the government’s role in defending these claims.
In summary, military service members are still suing over vaccine injuries, primarily through the Vaccine Injury Compensation Program, which provides a structured legal pathway for such claims. Additionally, related health injury lawsuits, such as those involving AFFF foam exposure, continue to be active and significant within the military community. These legal efforts reflect ongoing concerns about health risks associated with military service an
