Disputed legal guidance leaves injured family without vaccine court compensation.
A federal vaccine injury system created to help families facing rare vaccine-related harm failed to deliver relief to one mother and her son, even as their attorney later took a paid role advising on changes to that very system. The case has raised hard questions about vaccines, oversight concerns, conflicts of interest, legal strategy, and whether some families are being guided away from the help Congress promised them.
In 2019, 11-year-old Keithron Thomas received a routine vaccination. Soon after, he felt sudden pain in his shoulder that spread down his arm. His mother, Melanie Bostic, expected the pain to fade. It did not. Weeks passed, then months, and eventually years. Doctors said the pain could last for life. By the time Keithron reached adulthood, the injury had taken away sports, daily comfort, and many ordinary activities.
Bostic later learned about the Vaccine Injury Compensation Program, a federal system set up in the 1980s after oversight concerns and subsequent vaccine lawsuits threatened supply in the United States. The program was meant to provide a faster path to payment for people harmed by vaccines, without requiring proof of wrongdoing. It is funded by taxpayers and covers both compensation and attorney fees.
In 2022, Bostic filed a claim on her son’s behalf to help cover growing medical costs. She was referred to attorney Andrew Downing, a lawyer with long experience in vaccine court. According to records reviewed by reporters, Downing agreed to represent the family and began filing paperwork. Bostic sent medical records and followed instructions, expecting the case to move forward.
Months went by with little progress. Then Downing told Bostic it was time to leave vaccine court and file a lawsuit against the vaccine maker. She refused, saying her son needed help quickly and could not wait years for a lawsuit that might never succeed. After that refusal, Downing withdrew from the case.
Court records show the government paid Downing for his time on the case, as it does for all vaccine court attorneys. Bostic received nothing. Her son’s claim was later dismissed after missed deadlines, which followed a period of illness, job loss, and family hardship. Keithron, now 18, still lives with daily pain, numbness, and migraines.
At the same time, Downing’s career took a new turn. His law firm received a federal contract to help advise on changes to the vaccine injury program. Downing also became a senior adviser to Health and Human Services Secretary Robert F. Kennedy Jr., a longtime critic of vaccine policy who has said the compensation system protects drug companies too much.
Records show Downing and other lawyers have moved hundreds of vaccine injury claims out of the federal program and into civil lawsuits. These lawsuits can offer larger payouts, but they are much harder to win. In fact, since the vaccine program began, no vaccine injury case has won a judgment in regular court. Still, lawyers can earn much higher fees in civil cases if a settlement is reached.
Legal scholars say this creates tension. The vaccine program was built to avoid exactly this type of litigation. Attorneys are paid whether they win or lose in vaccine court, removing pressure to chase large awards. Critics argue that steering families toward lawsuits may serve lawyer interests more than client needs.
Experts who study vaccine law say many families are best served by staying in the federal system, even though it can be slow and frustrating. The program has paid out billions of dollars over decades and often covers lifelong medical care. The limit on pain and suffering has not changed since 1986, but medical expenses can be paid far beyond that cap.
In Keithron’s case, outside experts who reviewed his records said his injury appeared to fit the type of claim the program was designed to handle. Bostic said she wanted accountability and care, not wealth. She hoped compensation would allow her son to see specialists and manage his condition.
Instead, she was left to navigate the system alone. Court officials granted extra time, but without a lawyer, the case eventually fell apart. Today, Bostic works long hours trying to afford insurance for her children. Keithron has learned to live with pain that limits his future plans.
As federal officials move to address oversight concerns and revise the system, cases like this highlight the stakes. The program was created as a promise to families harmed while protecting public health. Whether that promise is still being met, and for whom, remains an open and deeply personal question.
Sources:
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