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European Court OKs Vaccine Lawsuits Lacking Proof

The European Union’s highest court issued a ruling yesterday that allows plaintiffs to sue vaccine makers without providing scientific evidence of harm.

Written byBob Grant
| 2 min read

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© BRYAN SATALINOThe Court of Justice of the European Union, the international consortium’s highest legal forum, ruled yesterday (June 21) that courts can consider lawsuits in which plaintiffs claim wrongdoing by vaccine makers even if there is no scientific evidence supporting the link between an illness and an immunization.

Vaccine experts are slamming the court’s reasoning for the ruling, which was made in response to J.W., a French citizen, suing Sanofi Pasteur in 2006 after he was diagnosed with multiple sclerosis a year after receiving one of the company’s hepatitis B vaccines. “Using those criteria, you could reasonably make the case that someone should be compensated for developing leukemia after eating a peanut butter sandwich,” Paul Offit, a University of Pennsylvania pediatrician and vaccine researcher, told the Associated Press.

The court said that vaccines could be deemed defective or injurious if there were “specific and consistent evidence” involving a person’s family health history, reported cases of a particular disease following a particular vaccination, and other criteria. Lacking from the court’s reasoning, however, was the ...

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Meet the Author

  • From 2017 to 2022, Bob Grant was Editor in Chief of The Scientist, where he started in 2007 as a Staff Writer. Before joining the team, he worked as a reporter at Audubon and earned a master’s degree in science journalism from New York University. In his previous life, he pursued a career in science, getting a bachelor’s degree in wildlife biology from Montana State University and a master’s degree in marine biology from the College of Charleston in South Carolina. Bob edited Reading Frames and other sections of the magazine.

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