As reported by Newsweek, AstraZeneca is facing “a number of legal claims” in the United Kingdom involving injuries and deaths attributed to the pharmaceutical giant’s Covid vaccines. The plaintiffs in the litigation are seeking damages in excess of $152,000, which is the maximum available under the U.K.’s vaccine injury compensation program.
While this litigation is notable in that it is shedding light on risks potentially associated with AstraZeneca’s Covid vaccines, it is not possible for individuals and families in the United States to file similar lawsuits. As vaccine injury attorney Leah V. Durant explains, this is due to a critical difference between the U.K.’s vaccine injury compensation program and the National Vaccine Injury Compensation Program (VICP) in the U.S.
U.S. Vaccine Injury Compensation Program Protects Pharmaceutical Companies Against Vaccine-Related Lawsuits
In the U.S., the legislation underlying the National Vaccine Injury Compensation Program (VICP) protects pharmaceutical companies like AstraZeneca against vaccine-related lawsuits. This is intended to serve two primary purposes:
- To make it easier for individuals and families to seek compensation for vaccine-related injuries and illnesses; and,
- To allow the pharmaceutical companies to develop vaccines without concerns about facing vaccine-related litigation.
This works in most cases. The VICP provides adequate compensation to vaccine recipients and families in most cases; and, since the VICP provides compensation on a “no fault” basis, there are fewer roadblocks to securing the financial compensation vaccine recipients and families deserve.
But, there is one major problem.
Currently, the VICP does not cover Covid vaccine injuries.
Instead, Covid vaccine injuries are currently covered under the Countermeasures Injury Compensation Program (CICP). The CICP and VICP are very different. Not only does the CICP provide less compensation than the VICP, but filing a successful CICP claim is proving to be far more challenging.
The U.S. Health Resources and Services Administration (HRSA) has readily acknowledged that the CICP is not equipped to handle the volume of Covid vaccine injury claims it has received since late 2020. Of the more than 13,000 Covid-related claims filed to date, just 16 have resulted in awards of financial compensation. The VICP has compensated thousands of claims for other CDC-recommended vaccines over this same time period, paying more than half a billion dollars to eligible vaccine recipients and families.
While there has been one notable lawsuit filed in the U.S. involving Covid vaccine injuries, this lawsuit does not seek compensation for individuals’ injuries and families’ losses. Instead, it seeks to compel the federal government to add Covid vaccine injuries to the VICP. Although we expect that Covid vaccine injuries will be added to the VICP eventually, all of the efforts undertaken to date have proven unsuccessful.
What Should You Do if You Are Dealing with a Covid Vaccine Injury?
So, what should you do if you or a loved one has been diagnosed with a Covid vaccine injury?
While filing a claim under the CICP is an option, it may not necessarily be the best option under the circumstances at hand. More than 10,000 Covid vaccine injury claims remain pending under the CICP—and, as noted above, only an extremely small percentage of adjudicated claims have resulted in payment of financial compensation. While the CICP has compensated 16 Covid vaccine injury claims to date, it has denied more than 3,000 claims over this same time period.
At the same time, filing a CICP claim could be important for protecting your legal rights. Under the terms of the CICP, claimants must file within one year of their diagnosis to preserve their eligibility. There have also been suggestions that pending CICP claims will be transferred to the VICP once the Covid vaccines are added to the VICP’s Vaccine Injury Table. So, even if you don’t receive compensation under the CICP, filing a claim could still potentially get you in line for seeking VICP compensation.
With that said, at this point there are no guarantees.
Given that this is the case, right now, one of the best things you can do is talk to a vaccine injury attorney about your specific circumstances. An attorney who has experience representing individuals and families in vaccine injury cases will be able to help you make an informed decision about what to do. Then, you can feel confident that you are acting with your (and your family’s) best interests in mind—and that you are maximizing your chances of recovering financial compensation without wasting your time.
Along with contacting a vaccine injury attorney, if you are entitled to financial compensation for a Covid vaccine injury, there are some additional steps you can take to help protect your legal rights. These additional steps include:
1. Make Sure You Have Documentation of Your (or Your Loved One’s) Covid Vaccine
If you can, you should make sure you have documentation of your (or your loved one’s) Covid vaccine. Any form of documentation will be helpful—from a Covid vaccine card to a receipt from your pharmacist or healthcare provider.
2. Keep Track of Your Medical Expenses and Other Costs
You should be sure to keep track of your medical expenses and other costs as well. If Covid vaccine injuries become covered under the VICP, a vaccine injury attorney will be able to help you seek financial compensation for your out-of-pocket expenses, lost wages, and pain and suffering.
3. Avoid Making Assumptions About What is Best for You and Your Family
Finally, it is important to avoid making assumptions about what is best for you and your family. An experienced vaccine injury attorney can help you decide what to do, and you can schedule a free consultation at a time that is convenient for you.
Request a Free Consultation with an Experienced Vaccine Injury Attorney Today
If you would like to schedule a free consultation with a vaccine injury attorney at the Law Offices of Leah V. Durant & Associates, we invite you to get in touch. To request an appointment, please call 202-775-9200 or inquire online today.