Vaccine makers should not be shielded from litigation for vaccine adverse events. People who mandate vaccines should also be subject to litigation. In America, the only retribution is litigation. If you mandate a booster in a 26-year-old man and he has myocarditis, he should be able to sue the s*** out of you.
Mandating, well, maybe. That’s possibly an edge case. But vaccine manufacturers? No, that legal shield is a necessity.
For the entire point of a vaccine is that it is administered to everyone. And a simple truth is that if you insisted that all 360 million Americans go out and climb a flight of stairs then at least one – possibly many – would die from that one activity.
Doing anything at all to 360 million people will kill some of them.
But vaccines work by, are intended for, being administered to everyone.
Which leaves us with a harsh truth. Administering the polio virus can lead to people getting polio. OK. Not administering the polio virus leads to people getting polio. OK. We’ve now an entirely pragmatic decision to make. Is the world better off by killing some handful of people by administering the polio vaccine or better off by allowing tens of thousands to be killed off by not administering the polio vaccine?
Sure, you can take either side of that and presumably opinions will differ if it’s you being killed either way – or your child. But that is the societal decision that has to be taken.
Given this known effect of vaccines – any one of them will kill some people simply because anything done to an entire population kills some people – people will not make vaccines if they’re open to being sued for having made vaccines. Simply because even if everyone does absolutely the best that can possibly be done some are still going to die/be injured/have their bodies or brains fried by the vaccine. Human variation is simply such that this is true.
On the other hand we have those whose brains are fried by this action to protect the rest of society. It would be a bit harsh to simply shrug and say well, that’s the tax some have to pay to society.
The solution, – sorry, there are no solutions, only trade offs – is the vaccine compensation fund. Both the US and the UK have exactly this. We know that vaccines will kill some and injure more. But they’re worth that*. So, society compensates – or at least takes care of – those who end up, by that statistical shitty luck, taking one for the team.
Sure, we can complain about the universe where all of this is true. But it is also true that this is the universe we inhabit, the universe we’ve got to do our best to come to terms with.
Vaccine makers need legal liability – exactly because we know, without a shadow of any doubt, that vaccines are going to kill some of us.
*Whether a specific vaccine is worth that is another question. But the general and overarching case is still that the base idea is.