JACKSONVILLE, Fla. — In 2019, after a routine vaccination, 11-year-old Keithron Thomas felt a sharp pain in his shoulder and down his arm. His mother, Melanie Bostic, thought it would go away after a few days. But days turned to weeks, then months, and years.
Bostic learned of a federal program designed to help people who suffer rare vaccine reactions.
The Vaccine Injury Compensation Program was created in 1986 after a flood of vaccine injury lawsuits drove drugmakers from the market. Congress aimed to offer a faster and more generous path to compensation for people injured by vaccines, while shielding manufacturers from liability. The VICP, commonly known as vaccine court, is taxpayer-funded. The government pays any award to claimants as well as attorneys fees.
Bostic filed a claim in 2022 for compensation to cover her son’s spiraling medical bills. She then contacted the Carlson Law Firm, which referred her to Arizona-based attorney Andrew Downing — who now serves as a senior adviser to Health and Human Services Secretary Robert F. Kennedy Jr.
Downing declined to comment and HHS did not respond to requests for comment for this article.
Downing, who has represented hundreds of plaintiffs in vaccine court in Washington, D.C., signed on to take their case, according to a contract reviewed by KFF Health News. They agreed Downing would pursue the claim before the VICP.
Bostic shared documents and medical records as he requested them. Months passed as she waited for news on her son’s case.
After several months of making court filings, Downing told her it was time to opt out of the vaccine program and sue the drugmaker. When she refused to opt out, he withdrew from the case.
The government paid Downing $445 an hour for representing Bostic, which is typical for program attorneys with his experience, according to court records.
Three years later, Bostic said, she hasn’t received a dime for her son’s injury. Thomas, now 18, endures debilitating pain that doctors say may never go away.