[Congressional Record Volume 165, Number 87 (Thursday, May 23, 2019)]
[Extensions of Remarks]
[Page E665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE NATIONAL VACCINE INJURY COMPENSATION PROGRAM 
                        IMPROVEMENT ACT OF 2019

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                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                         Thursday, May 23, 2019

  Ms. NORTON. Madam Speaker, today, I introduce the National Vaccine 
Injury Compensation Program Improvement Act of 2019. This bill would 
further encourage the development of important vaccines by doubling the 
maximum number of special masters the Court of Federal Claims can 
assign to vaccine cases. I am pleased to be introducing this in 
conjunction with Senator Bob Casey, who is introducing a companion bill 
in the Senate.
  Vaccines are a vitally important component of our public health 
system. The National Vaccine Injury Compensation Program (``Program'') 
was created by Congress in 1988 so that individuals and families of 
individuals injured by childhood vaccines could receive financial 
compensation. This ``no-fault'' system caps the amount of compensation 
allowed under the Program for vaccine-related injuries, thus meeting 
the dual goals of encouraging further development of vaccines and 
compensating anyone injured by them.
  The Program was also designed to accelerate the compensation process 
so plaintiffs would not have to undergo a full trial before receiving 
damages that could potentially be used to address their injuries. 
However, as the number of vaccines covered under the Program has 
increased, so, too, has the number of cases brought before the court 
and the special masters. The number of petitions filed has increased 
from 24 in fiscal year 1988 to 1,120 in fiscal year 2016.
  Congress capped the number of special masters at eight when it first 
authorized the Program, and has not increased the number since, despite 
the increase in covered vaccines and petitions filed. To meet the 
demand caused by the increased number of these complex cases, my bill 
would increase the maximum number of special masters allowed to 16. 
Moreover, the court may reduce the number of special masters should the 
number of cases drop, as this is a statutory ceiling, not a floor.
  This is an important measure to ensure compensation when necessary 
and further important medical development. I urge my colleagues to 
support this bill.

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