Covid-19 vaccines have become a critical tool in combating the ongoing public health emergency. As these vaccines gain FDA approval and find their place in immunization schedules, questions arise about recourse for vaccine-related injuries. Currently, the Countermeasures Injury Compensation Program (CICP) oversees compensation. However, the nature of the Program combined with the statistics on recovery suggest that the likelihood of receiving compensation under the CICP for Covid-19 vaccine injuries is relatively low.
Seeking Compensation under CICP:
While the Covid-19 vaccine is not part of the National Vaccine Injury Compensation Program (VICP), individuals can still seek compensation through the CICP. The process involves filing a timely claim using the Request for Benefits form, which is available on the HRSA website. It’s crucial to act promptly, as the statute of limitations for filing a claim is one year after receiving the vaccine. Even if you do not possess the medical records to support the claim, file the Request for Benefits within one year and supplement with medical records later. Access the form here.
Understanding Covered Injuries:
Determining whether an injury is directly linked to the Covid-19 vaccine and falls under the category of a covered injury rests with the Secretary of Health and Human Services. This decision relies on compelling and reliable medical and scientific evidence. Unlike the VICP, causation is not presumed if criteria are met as set forth in the Vaccine Injury Table, which is a major benefit of having a claim filed in VICP. https://www.hrsa.gov/sites/default/files/hrsa/vicp/vaccine-injury-table-01-03-2022.pdf
Limited Recovery Options:
Compensation under the CICP is limited. Recoverable benefits are confined to out-of-pocket medical expenses, lost employment income, and death benefits for eligible survivors. Unlike the VICP, individuals cannot claim compensation for pain and suffering, attorney fees, or expert witness reimbursement.
Legislative Initiatives for Future Changes:
In August 2023, U.S. Representatives Lloyd Doggett (D-TX) and Lloyd Smucker (R-PA) introduced the Vaccine Injury Compensation Modernization Act. This proposed legislation aims to transfer pending Covid-19 vaccine claims from the CICP to the VICP. Additionally, the Vaccine Access Improvement Act is under consideration to streamline the process of applying the 75-cent excise tax on covered vaccine doses each time a new vaccine is added to the VICP, expediting the compensation process.
Current Recovery Statistics:
As of January 1, 2024, a total of 12,854 Covid-19 claims were filed under the CICP. Only 40 claims were found eligible for compensation, with 11 of those claims receiving compensation. For a more detailed review of claim statistics, visit here.
In conclusion, while recourse may exist through the CICP for those individuals who experience injuries from the Covid-19 vaccine, the current compensation landscape is limited. Legislative changes are necessary to improve the accessibility and fairness of compensation for those affected. Stay informed and act promptly by complying with the applicable statute of limitations if you are injured and seek legal counsel from an attorney who is experienced in handling vaccine injury compensation claims. Contact us today for our expert legal guidance!