As the national conversation around vaccine safety and accountability intensifies, a long-overlooked but critically important federal program is now in the spotlight. The **Vaccine Injury Compensation Program (VICP)**—a no-fault alternative to traditional legal claims for those injured by vaccines—has come under scrutiny from newly appointed Health and Human Services Secretary **Robert F. Kennedy Jr**.
Kennedy’s public statements, including a recent post on social media and appearance on a political talk show, characterized the VICP as “broken” and pledged to overhaul it. While Kennedy’s proposed direction remains unclear, many in the legal community, including [David Carney](https://www.greenlegalteam.com/david-carney/), a partner at Green & Schafle and President of the Vaccine Injured Petitioners Bar Association, agree that the program is long overdue for meaningful reform.
> “There’s a lot of low-hanging fruit that [Kennedy] can act on that would immediately alter the course of the vaccine program for the better,” Carney said, in an [article posted on The Hill about Kennedy's public statements regarding VICP reform.](https://thehill.com/policy/healthcare/5433039-kennedy-targets-vaccine-injury-program/)
As one of the nation’s leading attorneys representing individuals injured by vaccines, Carney has firsthand experience with the systemic delays and barriers that petitioners face when seeking compensation. Among the key issues:
- **Unreasonable delays:** The VICP, originally designed to offer a streamlined, petitioner-friendly process, has devolved into a backlog-ridden system where families can wait years for resolution.
- **Inadequate staffing:** Despite covering three times the number of vaccines it did at its inception in 1986, the number of special masters (judges) who hear cases remains the same.
- **Caps that fail to reflect modern realities:** Carney has called for increasing the pain and suffering caps and expanding the eligibility list to include COVID-19 vaccines.
- **Legislative inaction:** Without congressional support, the VICP cannot make many of the changes needed to truly serve its intended purpose.
> “Cases could be settled more quickly, rather than going through a trial,” Carney said, advocating for procedural changes that would alleviate pressure on both petitioners and the court system.
While Carney acknowledges that Kennedy has the authority to initiate change, he stresses the need for measured, evidence-based reform rather than radical overhauls that could destabilize the entire system. The VICP was created to protect both public health and individual rights—any revisions should uphold that delicate balance.
Carney also cautioned that efforts to undermine the limited liability shield for vaccine manufacturers could have unintended consequences, potentially leading companies to withdraw from the market, jeopardizing public access to essential vaccines.
At Green & Schafle, we stand with David Carney in urging Congress and HHS to pursue practical, bipartisan reforms that modernize the VICP, improve access to justice for injured individuals, and maintain public trust in vaccines.
## About David Carney
[David Carney is a partner at Green & Schafle LLC](https://www.greenlegalteam.com/david-carney/) and a nationally recognized leader in vaccine injury litigation. He currently serves as president of the Vaccine Injured Petitioners Bar Association (VIP Bar) and has successfully represented hundreds of clients before the VICP.
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