CDC Recommends Pfizer COVID-19 Vaccine for Children 5-11 Years

COVID-19 vaccines are one step closer to being covered under the National Vaccine Injury Compensation Program (VICP). On November 2, 2021, the CDC Director, Rochelle Walensky, officially recommended a pediatric vaccine against COVID-19 for children between 5 and 11 years old. This comes after the FDA authorized the Pfizer vaccine for the same age group last week. Many children across the United States have already received this vaccine.

Prior to the CDC’s recommendation, trials demonstrated the pediatric version of the vaccine to be nearly 91% effective in preventing COVID-19 infection in the 5-11 age group. Similar to the adult trials, side effects of the coronavirus vaccine were mild – the most common symptom being a sore arm following administration. 

Of course, this is great news for those children at risk of exposure to COVID-19 in schools. It should also not only help reduce the risk of transmission, but also reduce interruption of in-person learning across the country. The CDC recommends that all parents discuss the pediatric vaccine with their child’s pediatricians, school nurses, or local pharmacists.

What does this mean for COVID-19 vaccines and their coverage under the VICP?

In order for any new category of vaccines to be added to the VICP and Vaccine Injury Table, three steps need to occur:

1. CDC recommends vaccine for routine administration in pregnant women and children.
2. Congress imposes by federal law an excise tax on the new vaccine so that each dose adds $0.75 to the VICP’s Fund
3. The Department of Health and Human Services officially adds the new vaccine to the list of covered vaccines on Vaccine Injury Table through its administrative rule-making procedure.

With news that the CDC is recommending the Pfizer vaccine for children between 5-11 (the CDC has already recommended the vaccine for pregnant women), we are one step closer to getting COVID-19 vaccines on the Vaccine Injury Table. It remains to be seen whether routine inoculations will be necessary as the virus evolves, but many people have already received a third shot; and there is plenty of evidence of breakthrough infections happening in vaccinated individuals, leading some to believe that annual vaccinations will be necessary. 

VICP vs. CICP

These three steps will not happen overnight. Unfortunately for some, that means not having access to adequate compensation for injuries caused by the COVID-19 vaccine, like Shoulder Injuries Related to Vaccine Administration (SIRVA). Until COVID-19 vaccines are added to the Vaccine Injury Table, those experiencing injuries or side effects due to a COVID-19 vaccine are limited to filing a request for benefits with HHS’ Countermeasures Injury Compensation Program (CICP).

We’ve extensively covered the differences between the CICP and the VICP. Below you’ll find a link to a webinar we hosted on this topic earlier this year. You can also read our prior posts on this subject here. There is also a very good summary of each program and their differences put together by Congressional Research Service that you can access from the list of references below.

In sum, the CICP requires a petitioner to prove that their injury was the “direct result” of the COVID-19 vaccine based on “compelling, reliable, valid, medical and scientific evidence.” The petitioner will most likely have to meet this burden of proof without the help of an attorney, because attorneys’ fees are not covered under the CICP (they are under the VICP). Even if a petitioner can successfully prove their case, the only compensation available to them for injuries include (1) out-of-pocket medical expenses and (2) lost wages or earnings up to $50,000 per year. Critically, there is no compensation for pain and suffering like in the VICP.

The CICP has received over 1,000 claims alleging an injury due to a COVID-19 vaccine. While most remain pending, none have been compensated.

It isn’t surprising that our preference is for COVID-19 vaccines to be covered under the VICP. Not only could we help people with legitimate injuries due to the vaccine, but it would provide easier access to more adequate compensation. Many of the individuals who have contacted us regarding a potential injury due to the COVID-19 vaccine are seniors, who were strongly urged to get the vaccine as soon as it became available. These individuals are usually retired and Medicare beneficiaries with no out-of-pocket medical expenses, which means under the CICP they would receive no compensation even if they were able to prove the COVID-19 vaccine caused their injury. The end result for the majority of these individuals is to wait to see whether COVID-19 vaccines are added to the VICP, where they can at least have the assistance of an attorney.

New Legislation

Two bills proposed over the summer might make adding COVID-19 vaccines to the Vaccine Injury Table easier. The Vaccine Injury Modernization Act proposes to expedite the addition of new vaccines to the VICP by requiring HHS to add a CDC-recommended vaccine to the Table within six months instead of the current two-year timeline. The Vaccine Access Improvement Act, also proposed this year, would eliminate the requirement that Congress pass legislation to apply an excise tax to every new vaccine that is recommended by the CDC.

Instead, the tax would automatically be applied once HHS adds it to the Table. Both of these measures would be welcome changes to the VICP and would directly impact the addition of COVID-19 vaccines to the Table. Both are still pending and we are closely monitoring their progress. You can read more about those bills here.

One Step Closer

It may seem that we are still very far from the realization of COVID-19 vaccines on the Vaccine Injury Table, but every step closer is important. We will continue to monitor the status of COVID-19 vaccines and the VICP. Should individuals with COVID-19 vaccine injuries ever become eligible to file petitions in the VICP, we will be ready to review their cases and offer our assistance. Until then, please continue to follow us for more updates.

Should you have any questions about these issues, please don’t hesitate to contact us. If you believe you or a loved one has experienced an injury or side effect due to any vaccine, please feel free to contact us for a free case review. 

References

CDC Press Release

https://www.cdc.gov/media/releases/2021/s1102-PediatricCOVID-19Vaccine.html

Congressional Research Service Summary

Vaccine Injury Compensation Program Modernization Act

Vaccine Access Improvement Act

Links