Concern about potential COVID-19 vaccine side effects and their consequences may be contributing to Americans' reluctance to get vaccinated. Policymakers and the public should carefully consider what types and levels of compensation for any adverse effects of vaccination are truly fair and appropriate.
Vaccine development is only one part of the challenge in creating an immunization campaign to stop the pandemic. Once a safe and effective COVID-19 vaccine is ready, liability and compensation issues could affect its distribution and administration.
This article proceeds in three parts: discussions of the general goals and role of public health tort litigation, the demonstrated and potential value of opioid litigation to achieve public health goals, and a conclusion.
This report reviews various alternatives to relying exclusively on traditional civil litigation to assign responsibility for the human causes of a catastrophe and to determine the types of losses that a designated responsible party must reimburse.
This issue highlights integrative medicine and the future of health care; the RAND American Life Panel; a commentary on how to expedite the process of resolving open cases at Guantánamo Bay; women soldiers on the special ops battlefield; and more.
Explores the issue of how victim compensation funds (VCFs) impact a victim's likelihood to sue using the tort system. VCFs have become a feature of the policy landscape following high-profile tragedies.
This brief analyzes the factors that led to the exposure of widespread abuse in the diagnoses in thousands of silica injury claims in Texas, then suggests ways to uncover such abuses in mass personal-injury litigation more easily in the future.
Claims for asbestos injuries have risen sharply since the 1990s and total more than 730,000 through 2002. At least 8,400 defendants have paid more than $70 billion on the litigation, 42 percent of which has gone to claimants.
To understand how the losses created by 9/11 differ from those following natural disasters and other catastrophic events, researchers examined the benefits going to those who were killed or seriously injured in the 9/11 attacks and benefits to individuals and businesses in New York City that suffered losses from the attack on the World Trade Center.
In this paper, reprinted from Cardozo Law Review, the author responds to Professor Brickman's analysis of the asbestos litigation problem, as well as to his proposal for a national administrative solution to the problem.
This study analyzes the pattern of excess medical claiming across the states to estimate how much excess medical claiming exists and how much it costs consumers.
Suggests that proposals for improving mass tort processing will not be successful unless they deal directly with uncertainties flowing from the factual and legal complexity of the cases ...
The civil justice system has not responded well to the challenge of handling mass torts, and many innovations have been proposed to improve processing of these cases.
Plaintiff attorneys on personal injury cases are typically paid a contingent fee. Contingent fees are widely believed to induce excessive litigation and are increasingly regulated.
