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Now Available in the Fastcase Bookstore: A Vaccination Law & Litigation Primer

What is the regulatory process of vaccines? Can employers require vaccinations? What are the attorney fees and costs in VICP cases?


Get answers to these questions, which are more relevant than ever, in this timely publication.


Fastcase and Full Court Press are happy to introduce a new book that covers information about vaccine injuries and related considerations for attorneys: Vaccine Risks, Benefits, and Compensation by James T. O’Reilly and Janet G. Abaray. This work comes at the perfect time, as these legal issues are on the minds of many. Here’s an overview of what this book is all about.


About the book


Vaccine Risks, Benefits, and Compensation covers everything from the purpose of vaccines to a deep dive into the COVID-19 virus itself. There is also a lot of valuable information about vaccine risks and the way they’re communicated, and plenty of practical guidance.

Because there’s so much in the news right now about vaccine mandates and workers’ rights, this book addresses these issues head on with discussions about litigation, Congress’s treatment of vaccine compensation lawsuits, and other important info attorneys need to know. The book also talks about unanswered questions we still have for future vaccine claims.


About the authors


James T. O’Reilly is an author and professor, currently teaching at the University of Cincinnati College of Law. He’s published over 40 books and 175 articles on various issues like the environment, government regulation, safety, and labor. He previously chaired the ABA Section of Administrative Law, which has 16,000 members. The U.S. Supreme court and state and federal appeals courts have cited his work. He is also chair of the library board for Hamilton County, Ohio, where he works with government reform projects.

Janet G. Abaray is a litigation attorney for labor, employment, and class actions, and is a managing shareholder for the Cincinnati office of Burg Simpson Eldredge Hersh & Jardine, P.C. She has worked on many pharmaceutical products liability cases and acted as defense counsel for Merrell Dow Pharmaceuticals, Inc. She also represents clients in insurance and contract dispute cases and served as a member of the Ohio Constitutional Modernization Commission from 2012 to 2018. She was appointed to the Legal Affairs Committee of the American Association of Justice and has been a faculty member of the National Institute of Trial Advocacy. Abaray is an experienced lecturer on products liability litigation, trial techniques, and epidemiology, and has published articles widely. She’s been named as a Best Lawyer in America and Lawyer of the Year in her field by Best Lawyers; Judge Carl B. Rubin Legal Society Lawyer of the Year; and one of the Top 15 Business Woman in Ohio.


Here’s a special look into what’s included in this critical work:

Table of contents

Preface ix

Introduction xi

Part 1: The Science Background

Chapter 1. What Is the Role of a Vaccine in Helping to Avoid Illnesses?

Chapter 2. How Are Vaccines Targeted for Viruses?

Chapter 3. How Are Vaccines Discovered?

Chapter 4. Experimentation Stages for a Vaccine

Part 2: Vaccines for COVID-19

Chapter 5. What Are the Characteristics of the COVID-19 Disease?

Chapter 6. How Are the Four Major COVID Vaccines Different?

Chapter 7. How Was the COVID “Messenger RNA Vaccine” Developed?

Chapter 8. What Are the Barriers to Successful Delivery of the COVID Vaccine?

Chapter 9. What Are the Risks of COVID-19 Vaccines?

Part 3: Risk Communication

Chapter 10. What Has COVID Vaccine Risk Information Shown Us?

Chapter 11. How Are Vaccine Risks Communicated?

Chapter 12. What Adverse Effects Have Been Examined in Past Vaccine Development Projects?

Chapter 13. What Caused the Successes and the Failures of Previous Vaccines?

Chapter 14. What Is the Regulatory Process for Vaccines?

Part 4: Litigation

Chapter 15. How Does Vaccine Injury Litigation Compare to Routine Liability Lawsuits?

Chapter 16. Identifying Defendants and Defenses

Chapter 17. Using Discovery and Experts to Prove Damages

Chapter 18. Making the Damages Claim in Conventional Tort Cases

Chapter 19. State Products Liability Concepts

Part 5: Special Problems Litigating COVID Vaccine Compensation

Chapter 20. How Has Congress Made Vaccine Compensation Lawsuits So Very Different From Tort Cases?

Chapter 21. The Difference in Burdens of Proof

Chapter 22. Progression of the Vaccine Act Claim

Chapter 23. Attorneys’ Fees and Costs in VICP and CICP Cases

Part 6: What Problems Lie Ahead?

Chapter 24. Problems With Distribution of the Vaccine

Chapter 25. Can Vaccination Be Compelled by the Patient’s Employer?

Chapter 26. International Issues and Conflicts With the Vaccines

Chapter 27Unanswered Questions for Future Vaccine Claims


Appendix A. Vaccine Injury Compensation Rules, 40 CFR Part 100

Appendix B. Code of Federal Regulations: Vaccine Countermeasures Program (COVID-19, etc.)

Appendix C. Budget of the U.S. Government For Fiscal Year 2021

Appendix D. Fiscal Year 2021 Budget, Health Resources and Services Administration

Appendix E. Language of the 2005 PREP Act Added in 2005 (Selected Portions of Pub. L. 109-148 Legislative History, December 2005)

Appendix F. EEOC 2021 Guidance Re Worker Vaccination (May 28, 2021)


Order your copy of Vaccine Risks, Benefits, and Compensation from Fastcase today! This book is available in Fastcase, paperback, and digital formats

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