Injuries caused by most CDC-recommended vaccines are covered under the National Vaccine Injury Compensation Program (VICP). The VICP covers eligible claimants’ out-of-pocket expenses, loss of income, and pain and suffering—and it has paid over $4.6 billion to more than 10,000 eligible claimants over the past 35 years. It also covers the cost of hiring a vaccine attorney, which means that claimants can obtain no-cost legal representation for their VICP claims.
However, at present, the VICP does not cover injuries caused by the COVID-19 vaccine. Instead, injuries from the COVID-19 vaccine are covered under a different federal program—the Countermeasures Injury Protection Program (CICP). The CICP was established in 2010; and, in the nearly 15 years since its establishment, it has compensated just 34 claims out of more than 13,000 claims filed. The vast majority of these claims (nearly 11,000) involve injuries from COVID-19 vaccines filed since 2020.
COVID-19 Vaccine Recipients File Lawsuit to Have Their Injuries Covered Under the VICP
Recently, a group of COVID-19 vaccine recipients filed a lawsuit against the federal government alleging that the limited ability to seek financial compensation for COVID-19 vaccine injuries deprives them of their constitutional rights. Among various goals, one of the primary aims of the lawsuit appears to be spurring Congress and the U.S. Department of Health and Human Services (HHS) to move the COVID-19 vaccine from the CICP to the VICP. As explained in an article on Bloomberg Law:
“Created in 2010 . . . critics say the CICP program is slow moving, opaque, and poorly equipped for handling the nearly 11,000 claims alleging Covid-related injuries awaiting or in review . . . . And with a little more than 1,000 decisions reached, vaccine attorneys don’t expect the others to be resolved any time soon.
“Vaccine law experts say the path forward is reforming the VICP and bringing Covid-19 immunization injuries under its umbrella. But doing so takes both the HHS and Congress, and attorneys say efforts from both appear lagging.”
The fact that injuries from COVID-19 vaccines remain covered under the CICP instead of the VICP is a big deal. The VICP is a much more well-established program. Claims properly filed under the VICP are typically processed much more quickly than claims filed under the CICP, and VICP claimants can seek compensation that isn’t available under the CICP. With the U.S. Centers for Disease Control and Prevention (CDC) continuing to recommend the COVID-19 vaccine, moving the COVID-19 vaccine to the VICP makes sense under the program’s current eligibility criteria.
Notably, an HHS spokesperson told Bloomberg Law the agency is already taking steps to prepare for the COVID-19 vaccine moving to the VICP. As reported by the publication:
“The spokesperson . . . said the Health Resources and Services Administration, the HHS entity that oversees the VICP and [CICP], is ‘working to establish’ a table that would ‘list and explain injuries that, based on the statutory compelling, reliable, valid, medical, and scientific evidence standard, are presumed to be caused by covered COVID-19 countermeasures.’”
This type of presumption is a key element of VICP coverage. While the VICP pays compensation to eligible claimants who file claims for all types of injuries caused by covered vaccines, when a “presumption of causation” applies, this removes a substantial hurdle for filing a successful claim.
What Does All of This Mean for COVID-19 Recipients Diagnosed with Vaccine-Related Injuries?
So, what does all of this mean for individuals who have been diagnosed with injuries caused by the COVID-19 vaccine?
The short answer is it’s too early to tell. As the article in Bloomberg Law explains, “[a]dding a vaccine to the VICP is no small feat.” The article continues, “[t]he burden . . . doesn’t entirely lie with the HHS. In order for the VICP to actually pay out for Covid injuries, Congress would have to sign off on taxing the doses for the program, a process that applies to any vaccine added to the [VICP].” At present, there do not appear to be any bills pending in the House or Senate that would impose this tax. As a result, while the wheels may be in motion to eventually add the COVID-19 vaccine to the VICP, absent any significant and unexpected legislative developments, the addition isn’t likely to happen particularly soon.
So, for now, filing a claim under the CICP may still be the best option (though anyone who is thinking about filing a claim should consult with a vaccine attorney). Bloomberg Law reports that HHS has taken steps to facilitate quicker processing of COVID-19 vaccine injury claims under the VICP, though it also reports that HHS has “called out Congress for not fully funding [its] budget request for the CICP.” As awareness of the CICP (and the issues with the government’s handling of COVID-19 vaccine injury claims under the CICP) continues to grow, improvements to CICP claim processing may serve as an interim solution while efforts to move the COVID-19 vaccine to the VICP continue.
In any case, for individuals who have questions about filing claims for COVID-19 vaccine injuries, informed decision-making is critical. When filing a CICP claim is the best option, ensuring proper completion of the CICP’s Request for Benefits Form and submission of all required information is critical for ensuring that claims get processed correctly (and as quickly as possible). When filing a CICP claim is not the best option, COVID-19 vaccine recipients and their family members will need to work with an experienced vaccine attorney to ensure that they are taking the appropriate steps to seek the financial compensation they deserve.
Request a Free Consultation with Vaccine Attorney Leah V. Durant
Do you have questions about filing a claim for an injury caused by a COVID-19 vaccine? If so, we can help, and we invite you to get in touch. To request a free consultation with vaccine attorney Leah V. Durant, please call 202-800-1711 or tell us how we can help online today.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.