As a Former Litigator with Experience in Vaccine Court, Here’s My Perspective on the COVID Vaccine

“Thank goodness!” my teenager exclaims when I share the news that we’ve secured vaccine appointments at a clinic an hour away. “And it’s Pfizer!” I add, trying to lighten the mood and conceal my own apprehension regarding the entire situation.

After a long year yearning for some semblance of normalcy amid the pandemic, it’s astonishing that a vaccine is what stands between us and relief. As I circle the dates on my calendar—one dose followed by another in 21 days—I can’t help but ponder whether relief is truly what I’ll feel on the other side, or if it’s something different altogether.

Before becoming a mother to three teens, I embarked on a diverse journey, including a significant role as a judicial clerk in Washington D.C. at the U.S. Court of Federal Claims. My two years there, working under Chief Special Master Robert Hayes—one of the key figures behind the National Vaccine Injury Compensation Program, often referred to as “Vaccine Court”—were profoundly impactful for both my personal and professional growth.

The Vaccine Court provides a unique avenue for individuals claiming injuries from specific vaccines to pursue their claims against the government rather than private manufacturers. This program was established in response to a surge of litigation against vaccine manufacturers in the 1970s and 1980s, which, while largely unsuccessful, halted vaccine research and production, resulting in a public health emergency.

As I reflect on my experience, I recall the guidance from a departing law clerk on my first day: “Don’t worry. You won’t become cynical about vaccines or their manufacturers. You’ll simply gain a deeper understanding of the complexities involved.” Her words were incredibly prophetic.

During my tenure at the Vaccine Court, I traveled the country hearing cases of alleged vaccine injuries. The role was humbling, as I engaged in extensive discussions with Chief Special Master Hayes over evidence and case outcomes. The law we operated under made causation a largely formulaic matter, presuming causation when specific symptoms occurred within a designated timeframe post-vaccination. However, many claimants struggled to argue causation when the science and facts were against them. We encountered heart-wrenching cases, where parents sought a place to channel their anger and grief regarding their children’s medical challenges.

When I concluded my clerkship, I had clarity about my future: I wanted to be a litigator, a parent, and I planned to vaccinate my children—under specific conditions.

My children’s first pediatrician was a compassionate man who patiently addressed my questions and accommodated my wish to space out their vaccinations until I felt assured of their overall health. Each year, as new vaccines are added to the list of “required” immunizations, I meticulously analyze the situation, conduct research, and ask questions, reminding myself not to succumb to cynicism.

Yet, when the COVID vaccine became available for teens, I was overwhelmed by a mix of emotions. Following a global pandemic, I desperately wanted to believe in something that would restore normalcy. However, I couldn’t shake the concern that I might be acting hastily by scheduling appointments for my three teenagers at the first available clinic.

My ex-husband, a physician, and I discussed the risk-reward analysis for our children and jointly decided that vaccination was the right choice for us. This rare agreement felt significant.

My teens are fully capable of driving themselves to the clinic, but their father joins them for the first dose to ensure they can return home independently. I insist on driving them for the second dose. “I felt a bit foggy after my own second dose,” I explain, despite their eye rolls. “I don’t want to take any chances.”

During the two-plus-hour round trip, we engage in a myriad of discussions, from the posthumous release of music from popular artists to summer homework updates. This shared time feels like a giant leap towards a post-pandemic reality. In a moment I didn’t anticipate, my oldest son receives a job offer during an impromptu phone interview while we drive.

As we wait for the obligatory 15 minutes post-vaccination, I reflect once more on my years in Vaccine Court. I recall the extensive research and the stories of numerous families. While debates about vaccine-related injuries persist, it’s undeniable that the Vaccine Act provided relief for many. The Act represented a complex yet innovative solution to a pressing issue, following thorough risk-reward analyses by legislators.

Interestingly, the Vaccine Act laid the groundwork for the expedited production of the COVID vaccine decades later, revitalizing vaccine research and development after a tumultuous period for the vaccine industry. As my children receive their shots, I am reminded of the lessons I learned during my time at the Vaccine Court.

As we leave the clinic, I cherish the moments spent with my lively teenagers, aware that much remains unknown. I am thankful that my teens can participate in sports, summer camps, and school—clear benefits of being fully vaccinated. While uncertainties linger, I do feel a sense of relief. I hold onto that feeling and reflect on the wisdom shared with me two decades ago: “At the end of all this, you won’t be cynical about vaccines or vaccine manufacturers. You’ll just understand—more fully—how complicated it all is.”

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Summary: A former litigator shares her journey from Vaccine Court to navigating the COVID vaccine for her teens, balancing emotions, parental responsibilities, and the complexities of vaccination. She reflects on her past experiences while appreciating the present moments with her children.

Keyphrase: COVID vaccine perspective from a former litigator

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