Liability for COVID-19 Vaccine Harms: We Need to Do Better
There are two key reasons why no-fault compensation is preferable to the regular torts system for handling claims of vaccine harms.
Dorit Reiss
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Read more: Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine Major Questions about Vaccine Mandates, the Supreme Court, and the Major Questions Doctrine
A doctrine that essentially allows courts to strike down willy-nilly policies that they deem “major” undermines the federal government’s capacity to govern.
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Read more: Religious Exemptions to Vaccines and the Anti-Vax Movement Religious Exemptions to Vaccines and the Anti-Vax Movement
Granting exemptions on the basis of religion incentivizes people to lie, and exemptions are more likely to be given to people who have lied well.
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Read more: The Legality and Feasibility of COVID-19 Vaccine Mandates for Children The Legality and Feasibility of COVID-19 Vaccine Mandates for Children
Now that children over the age of 12 can get vaccinated against COVID-19, will immunization become a requirement for returning to school?
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Read more: The National Anti-Vaccine Movement Heads to Hartford to Intimidate CT Legislators The National Anti-Vaccine Movement Heads to Hartford to Intimidate CT Legislators
Legislators should show the out-of-state anti-vaccine movement that intimidation doesn’t work here.
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Read more: Can Colleges and Universities Require Student COVID-19 Vaccination? Can Colleges and Universities Require Student COVID-19 Vaccination?
Under existing federal statutes and case law, colleges and universities have broad discretion to require vaccination as a condition of a return to campus.
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Read more: Can Employers Mandate a Vaccine Under Emergency Use Authorization? Can Employers Mandate a Vaccine Under Emergency Use Authorization?
Businesses that require vaccines under EUA are taking a legal risk, but also have good legal arguments for the mandates.
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Read more: COVID-19 Vaccine Misinformation and the Anti-Vaccine Movement COVID-19 Vaccine Misinformation and the Anti-Vaccine Movement
The anti-vaccine movement is aggressively working to promote misinformation about COVID-19 vaccines.
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Read more: What to Know About the COVID-19 Vaccine Dosing Debate What to Know About the COVID-19 Vaccine Dosing Debate
Faced with limited COVID-19 vaccine doses and the ever-mounting toll of the pandemic, a new debate has emerged as to the best strategy for allocation.
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Read more: Congress Should Enact No-Fault Compensation for COVID-19 Vaccine Injuries Congress Should Enact No-Fault Compensation for COVID-19 Vaccine Injuries
If COVID-19 vaccines lead to any serious harms, society should compensate those victims generously and quickly.
