Opinion: States Can Build Public Vaccine Factories — SkimNews

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- Robert F. Kennedy Jr. and an adviser are reportedly weighing the removal of certain childhood vaccines from the Vaccine Injury Compensation Program, which would raise legal liability for their manufacturers.
- The Trump administration is reportedly considering adding autism-related conditions as VICP-compensable injuries, a move the author warns could generate roughly $100 billion in awards against the program's approximately $4 billion balance.
- The Vaccine Injury Compensation Program distributed more than 5 billion covered vaccine doses between 2006 and 2024, with compensation awarded in about 10,500 cases — roughly one per million doses administered.
- Massachusetts' MassBiologics, founded in 1894 and now run by UMass Chan Medical School, remains the only nonprofit vaccine manufacturer in the U.S. and currently distributes a tetanus-diphtheria vaccine nationwide.
- State-run vaccine production could be shielded from lawsuits via state sovereign immunity, and could potentially be exempt from FDA regulation because the agency is authorized to regulate "persons," not states — limiting the administration's ability to obstruct state factories.
- Private vaccine makers may exit the U.S. market if VICP is weakened, the piece warns, citing the 1980s wave of lawsuits that by 1984 left only one company producing the whooping cough vaccine, which then raised its price tenfold.
Why it matters: If the administration acts on the reported changes, the $4 billion VICP fund could face $100 billion in autism-related claims, potentially pulling private manufacturers from the market. The proposed state-run workaround — leveraging the FDA's statutory authority over "persons" and state sovereign immunity — offers a concrete legal path to keep vaccine supply available, with MassBiologics cited as a 130-year-old proof of concept already operating inside one state's university system.
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