Photo of COVID-19 vaccine

At Shannon Law Group, we have been receiving calls from folks across the United States who have experienced a vaccine injury like SIRVA (Shoulder Injury Related to Vaccine Administration) after receiving a COVID-19 vaccine by Moderna, Pfizer, or Johnson & Johnson. If you’re one of these people, I wrote this article for you.

6 Answers to COVID-19 Vaccine Injury Frequently Asked Questions

Below, I answer some of the most frequently asked questions about the COVID-19 vaccines and injuries associated with them. I also discuss how you can pursue compensation for an adverse reaction (and whether you need an attorney to help you). Keep reading to learn more.

#1: Are COVID-19 vaccines covered under the Vaccine Injury Compensation Program?

No. As of right now, COVID-19 vaccines are not covered under the Vaccine Injury Compensation Program (VICP).  Under the Public Readiness and Emergency Preparedness Act (PREP Act), the Department of Health and Human Services is authorized to limit the liability for injuries related to COVID-19 vaccines and their administration.

Part of the scope of the PREP Act includes the management of the Countermeasures Injury Compensation Program (CICP).  Under the PREP Act, COVID-19 vaccines are considered a “countermeasure,” and any claims for injuries due to the COVID-19 vaccine must be brought in the CICP.

#2: What is the Countermeasures Injury Compensation Program (CICP)?

Like the VICP, the CICP is administered by the Department of Health and Human Services. It provides reimbursement for reasonable medical expenses, loss of employment income, and survivor benefits in the case of death for eligible individuals.

Petitioners claiming injuries due to the COVID-19 vaccine must prove that his or her injury was caused by the COVID-19 vaccine in order to be eligible for compensation.  Both the CARES Act and the Coronavirus Preparedness and Response Supplemental Appropriations Act (CPRSA) help fund the Covered Countermeasures Process Fund for payouts related to COVID-19 injuries.

#3: What are the differences between the VICP and the CICP?

Example of Vaccine Injury Table

The CICP is a very limited compensation program and stacks the odds against petitioners who have suffered a vaccine injury.  A petitioner must prove his or her injury was caused by the COVID-19 vaccine through “compelling, reliable, valid, medical and scientific evidence.”

Additionally, he or she will likely do so without the assistance of an attorney.  Even if he or she is able to satisfy the difficult burden to become eligible for compensation, the amount of available compensation is not likely to make them whole or fully compensate them for the extent of their damages.

#4: Will COVID-19 vaccines ever be covered under the Vaccine Injury Compensation Program?

In order for COVID-19 Vaccines to be covered under the VICP and added to the Vaccine Injury Table, three things must occur:

  1. The COVID-19 vaccine must be recommended by the Centers for Disease Prevention and Control (CDC) for routine administration in children.
  2. Congress must impose, through federal law, an excise tax upon each dose of the COVID-19 vaccine that is administered.
  3. The category of COVID-19 vaccines must be added to the VICP and Vaccine Injury Table by the Secretary of Health and Human Services through its rule-making procedure.

We anticipate the CDC to recommend the vaccine for use in immunization of children before the end of 2021. When or if the other two steps will take place remains to be seen, but we expect the COVID-19 vaccine to eventually be covered under the VICP.

#5: What if I sustain an injury due to the COVID-19 vaccine before it is added to the VICP? Can I still file a Petition for compensation in the VICP?

The answer to this question is . . . it depends.

Although we do expect at some point COVID-19 vaccines to be covered under the VICP, we do not know whether their inclusion in the VICP will be accompanied by a “lookback” provision or retroactive coverage for those who have already suffered a COVID-19 vaccine injury.

Whenever vaccines or injuries are added to the Vaccine Injury Table, the Vaccine Act provides for eight years of retroactive coverage for petitioners alleging an injury related to the new vaccine.  This situation is slightly more complicated, however.

Everyone who has received a COVID-19 vaccine thus far has done so in accordance with a Public Health Emergency and under the authorization of the PREP Act.  We are hopeful that when COVID-19 vaccines are added to the VICP, the government offers retroactive coverage to victims.

#6: I was injured by a COVID-19 vaccine. Should I file a Petition in the CICP or wait to file a Petition in the VICP?

Filing a petition in the VICP is better than filing one in the CICP. However, as of right now, your only option for obtaining compensation due a COVID-19 vaccine injury is to file a petition in the CICP.

You can also wait to file a petition in the VICP if you so choose. Doing so assumes that the vaccine will eventually be covered and that the government will offer retroactive coverage to you. This is not guaranteed to happen.

You should know that you have a limited time to file a claim in the CICP.  Individuals who believe they have suffered an injury due to a COVID-19 vaccine have one year from the date they received the vaccine to file a petition in the CICP.  If they do not file a petition in the CICP within that timeframe, they are risking not being eligible for compensation in the CICP.

Questions? Contact our vaccine injury lawyers today

If you have additional questions about the COVID-19 vaccine, the Countermeasures Injury Compensation Program, or the Vaccine Injury Compensation Program, please contact me at jsvitak@shannonlawgroup.com or call us at (312) 578-9501, and I’d be happy to discuss it further with you.

If you believe you have suffered an injury due to a COVID-19 vaccine or any other vaccination, please contact us via the number above or submit a contact form below to schedule a free consultation.

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