Antivaxxers are people who deny the need for or the efficacy of vaccines and their role in controlling some of the most dreadful diseases in the history of humanity. Not only this, but antivaxxers also claim that vaccines have huge side effects that actually harm more people than they benefit, and they have been particularly vocal about the COVID-19 vaccines. All this is, of course, not true. The COVID-19 vaccines have saved millions of lives by decreasing the proportion of hospitalizations and deaths among the vaccinated to a much greater extent compared to the unvaccinated. Antivaxxers have also spread misinformation and lies about the COVID-19 vaccines that have been repeatedly debunked over and over and over. Nevertheless, they ignore this while expressing outrage at pro-vaccine people, at best calling them “sheep” (sheeple), or at worst claiming that they are being manipulated by or are part of an immoral and unethical alliance of the government, pharmaceutical companies, and other organizations bent on profit and societal control.
So what should be my approach to dealing with antivaxxers? I see two alternatives: the inflammatory approach and the conciliatory approach.
Considering the high effectiveness of the COVID vaccines at decreasing the hospitalizations and deaths from COVID-19, considering that antivaxxers have been waging an aggressive campaign of spreading misinformation about the COVID-19 vaccines on social media, and considering that online misinformation is linked to COVID vaccination hesitancy and refusal, it is not surprising that many people were harmed or killed by the misinformation spread by antivaxxers. During the peak of the Delta variant the daily consequences of spreading misinformation have been estimated at 300 deaths, 1,200 hospitalizations, and 20,000 COVID-19 cases with a cost of 50 to 300 million dollars. I am appalled and outraged at how many lives antivaxxers have damaged.
So my question is: should antivaxxers pay for their crimes?
This is not a far-fetched concept. Alex Jones, the talking head from Infowars, spread misinformation and disinformation about the shooting at Sandy Hook Elementary School where 20 children and 6 adults were killed. He said that the shooting was a false flag operation carried out by anti-gun groups, that no one died, and that the children were actors. As a result of this, the families of the murdered children experienced years of harassment by the followers of Alex Jones. Thankfully, he was brought to court and tried and found guilty, and now he has to pay the Sandy Hook families millions of dollars. Alex Jones tried several defenses including his right to free speech, but the judges didn’t buy it. He spread falsehoods and this hurt people. That was the bottom line. So, if anything, the case against antivaxxers should be even more clear cut, because many people who followed their ideas were harmed or died.
Although in the case of Alex Jones the Sandy Hook families sued him for slander, a person or the family of a person harmed by antivaxxers could sue them for fraud. They would have to prove that the antivaxxer spread the misinformation while knowing that it was false. They would have to prove that the person who was harmed relied on the antivaxxer in their decision to forgo vaccination. And they would have to prove that there was economic loss (hospital bills, lost wages, funeral expenses, etc.). There are, of course, additional subtleties that have to be taken into account depending on the specific antivaxxer entity or person being sued, but this is a possible approach.
Following this rationale, I think that at the very least, any antivaxxer that fulfils the conditions outlined above should be sued for the medical and funeral expenses incurred by the people (or their relatives) who followed their advice in good faith and were harmed or died.
The above is the inflammatory approach. It’s the sort of thing you say/write to scandalize and infuriate people and increase their engagement, drive traffic to your blog, website, or podcast, and grow your brand. This approach makes tempers flare and generates a lot of heat and ill will as invectives fly back and forth and hatred is spewed everywhere.
But there is another way to do this. It’s probably not as successful for getting engagement, but it may be more useful to society, civil discourse, and the psychological well-being of the public.
Every time two groups of people have strong disagreements on some things, the recommended course of action is to find areas of agreement. Antivaxxers are concerned about the side effects of COVID-19 vaccines. The evidence we have indicates that the frequency of serious side effects as a result of these vaccines is very low, which makes the vaccines much safer than having the disease. However, even if rare, when hundreds of millions are vaccinated, the number of net cases start to accumulate. And some of these cases are severe enough that exceptionally susceptible people may end up impaired and saddled with huge debts due to their medical bills. Shouldn’t these people be compensated?
I would venture that most people, whether pro or anti-vaccine, would agree with this. Unfortunately, this is not what is happening. There is a federal program known as the Vaccine Injury Compensation Program (VICP) that is available to people who have been injured by the routine vaccines that are administered in the United States. This program in its lifetime has awarded $4.7 billion in compensation for vaccine injuries to cover 36% of the claims it has received. But this program does not cover the COVID-19 vaccines. Compensation for harm from the COVID-19 vaccines is handled by a program called the Countermeasures Injury Compensation Program (CICP). The CICP program was designed to handle compensation for people injured by treatment for rare events such as an Anthrax attack, but this program is now handling compensation claims for a treatment dispensed to hundreds of millions of Americans. The CICP program is underfunded, understaffed, and overwhelmed with claims, which it is resolving at a glacial pace, and so far congress has not done anything about this.
So here is the chance for antivaxxers to make a difference and actually achieve something positive. If they stop their attacks on vaccines and pro-vaccine people and focus on lobbying congress to, for example, expand and fund the CICP program or move the COVID-19 claimants to the VICP program, that would be a major achievement that would help people affected by the side effects of vaccines. At the same time many pro-vaccine individuals and organizations that advocate for the rights of patients could join ranks with them to work together towards a common goal and actually benefit people.
The alternative, of course, is to keep engaging in the usual cycle of claims, counterclaims, insults, counterinsults, and endless vitriol, which may help increase engagement but which does not accomplish anything meaningful to benefit society.
So my question to antivaxxers is, what is it going to be: inflammatory or conciliatory?
Image from pixabay by Gerd Altmann is free for commercial use and was modified from the original.
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