(READ) Update on compensation for Covid-19 Vaccine Injuries

It can be next to impossible to receive compensation for vaccine-induced injuries, including those from Covid-19 vaccine.

The Congressional Research Service outlined the process in an updated report this year.

The report explains the complex process under which Congress has provided liability for the pharmaceutical industry. Any damages for injuries are paid by the public rather than the vaccine makers.

As of Feb. 1, 2023, Countermeasures Injury Compensation Program (CICP) had received 11,252 claims alleging injury or death relating to Covid-19 countermeasures. Of those, 8,067 claims (71.7%) relate to Covid-19 vaccines. The government had not yet actually compensated any CICP claims relating to Covid-19 countermeasures.

Below is the summary of the Congressional Research Service report.

Compensation for COVID-19 Vaccine Injuries

More than 260 million Americans, and billions of people worldwide, have received one or more doses of a vaccine to protect against Coronavirus Disease 2019 (COVID-19). Most common side effects of COVID-19 vaccines are mild and generally resolve in a few days. In rare instances, COVID-19 vaccines can cause serious adverse events.

Individuals who believe they are injured by COVID-19 vaccines may seek compensation for those injuries and associated harms or costs. Absent an applicable federal law, individuals allegedly injured by a vaccine might seek redress by filing a state tort law claim against the vaccine manufacturer. However, federal law has two distinct compensation regimes that limit legal liability for vaccine manufacturers and provide potential compensation—without requiring a showing of fault—for individuals harmed by adverse reactions to vaccines.

For injuries and deaths associated with most vaccines recommended by the Centers for Disease
Control and Prevention (CDC) for routine administration in the United States , the National
Vaccine Injury Compensation Program (VICP) may provide compensation. During public health emergencies declared under the Public Readiness and Emergency Preparedness Act (PREP Act), the Countermeasures Injury Compensation Program (CICP) may provide compensation for injuries and deaths resulting from the administration of “covered countermeasures,” which may include vaccines.

The VICP and CICP regimes are similar in some ways, but the programs serve distinct purposes. Compensation through CICP is generally less comprehensive than through VICP. CICP is a regulatory process administered by the Health Resources and Services Administration (HRSA), a division of the U.S. Department of Health and Human Services (HHS). CICP compensation is available only for death or serious injuries resulting from a covered countermeasure. A claimant must generally file a request form and associated documentation with HRSA within one year of the date that the covered countermeasure was administered. For injuries not listed by the Secretary of HHS on a Countermeasure Injury Table, the claimant must demonstrate that the injury was a direct result of the countermeasure’s administration based on compelling medical and scientific evidence. HRSA makes decisions regarding eligibility and compensation; judicial review is not available. CICP compensation is limited to reasonable medical expenses, loss of employment income, and a death benefit when the claimant’s death is a direct result of the administration of a covered countermeasure.

Under the Secretary of HHS’s current PREP Act Declaration for COVID-19, FDA-authorized or -approved COVID-19 vaccines are covered countermeasures. While a PREP Act declaration is in effect, CICP is the sole remedy available for injuries related to covered countermeasures, so CICP—and not VICP—will apply to injuries resulting from COVID-19 vaccinations while the Declaration remains in effect. Due to COVID-19, the number of CICP claims has increased dramatically. As of February 1, 2023, CICP has received 11,252 claims alleging injury or death relating to COVID-19 countermeasures. Of those, 8,067 claims (71.7%) relate to COVID-19 vaccines. HRSA has not yet compensated any CICP claims relating to COVID-19 countermeasures.

When coverage under the PREP Act Declaration for COVID-19 ends, COVID-19 vaccine injuries could be compensated through VICP, contingent on additional regulatory and statutory changes. To be included in the VICP, (1) the vaccine must be recommended by the CDC for routine administration to children or pregnant women; (2) the vaccine must be made subject by act of Congress to the excise tax that funds VICP; and (3) the Secretary of HHS must add the vaccine to the Vaccine Injury Table, which lists injuries and conditions associated with vaccines covered by VICP. Should all of these changes occur, COVID-19 vaccines would be covered by VICP.

To receive compensation through VICP for a vaccine-related injury or death, the injured person or their estate must file a petition with the U.S. Court of Federal Claims, generally within three years of the onset of the first symptom or significant aggravation of the injury, or within two years of death or four years of the first symptom resulting in death. To receive compensation, petitioners must show either that they experienced an injury listed in the Vaccine Injury Table within the time frame specified in the Table, or prove that the vaccine was the “but-for” cause of their injury. Special masters determine eligibility and compensation; their decisions may be appealed to the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit. Successful petitioners may receive medical expenses, lost income, a set death benefit, and reasonable attorneys’ fees and costs. Petitioners who are dissatisfied with the compensation they receive, or whose claims are delayed, may opt to pursue civil actions in court, subject to certain limitations on vaccine manufacturer liability.

Read the full report here:

https://crsreports.congress.gov/product/pdf/R/R46982