Jump to ContentJump to Main Navigation
How Policy Shapes PoliticsRights, Courts, Litigation, and the Struggle Over Injury Compensation$
Users without a subscription are not able to see the full content.

Jeb Barnes and Thomas F. Burke

Print publication date: 2015

Print ISBN-13: 9780199756117

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199756117.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2019

Vaccine Injury Compensation

Vaccine Injury Compensation

Shifting Policies, Shifting Politics

(p.152) 5 Vaccine Injury Compensation
How Policy Shapes Politics

Jeb Barnes

Thomas F. Burke

Oxford University Press

This chapter explores the case of vaccine injury compensation, where adversarial legalism is replaced by bureaucratic legalism. It traces the first personal injury lawsuits against vaccine manufacturers in the 1950s, the growth in litigation that triggered a crisis in the 1980s, the creation of the Vaccine Injury Compensation Program in 1986, and the subsequent conflict over the program. The case highlights how adversarial legalism affects the distribution of costs and benefits, the attribution of blame for injury, and the effect of these mechanisms on politics. Adversarial legalism tends to fragment interests, and makes it harder to reframe injuries in terms of social responsibility versus individual fault. Though the political trajectory of bureaucratic legalism is toward a calmer, more technocratic politics, the creation of a bureaucratic legal policy for compensating vaccine injuries has not yet generated a calmer politics, due in part to some turns back to adversarial legalism.

Keywords:   vaccine, litigation, adversarial legalism, bureaucratic legalism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .