This week, the New York Times reported that the Food and Drug Administration (FDA) is preparing to authorize the use of the Pfizer COVID-19 vaccine in children aged 12-15 years old by early next week. This is good news for the country as it continues to battle coronavirus outbreaks and tries to reach herd immunity.
Let’s say the FDA moves forward with its authorization as expected. What happens next? The vaccine advisory panel of the Centers for Disease Control and Prevention (CDC) would likely meet soon thereafter to make recommendations for using the Pfizer vaccine to immunize children.
At Shannon Law Group, we have been closely monitoring COVID-19 vaccines and their status under the Countermeasures Injury Compensation Program (CICP) versus the Vaccine Injury Compensation Program (VICP). You can learn more about the distinction between those two programs here. As of right now, COVID-19 vaccines are currently not covered under the VICP. Instead, claims for injuries due to COVID-19 vaccines must be brought in the CICP in accordance with the Department of Health and Human Services’ Public Readiness and Emergency Preparedness Act Declaration.
From our perspective, the CICP does not adequately provide compensation for individuals who experience injuries or side effects due to vaccines. As such, we have been pushing for COVID-19 vaccines to be covered under the VICP. In this program, vaccine injury petitioners are entitled to damages for pain and suffering, a three-year statute of limitations (instead of the one-year statute of limitations in the CICP), and attorney’s fees.
How COVID-19 Vaccines Might Be Added to the VICP
A lot has to happen before COVID-19 vaccines are added to the VICP. However, the news regarding the FDA’s authorization of the Pfizer vaccine for children is a step in the right direction. Why? Well, in order for any new vaccine to be added to the Vaccine Injury Table and be covered under the VICP, it must be recommended by the CDC for routine administration in children. That’s why these developments are so important to the future of COVID-19 vaccines and their coverage under the VICP. The news that Moderna is set to begin clinical trials for its COVID-19 vaccine in children aged 12-17, followed by children aged 6 months to 12 years later this year, is also great news.
For now, we remain under a Public Health Emergency declaration and HHS’ PREP Act declaration. However, with news reports like this, we believe that COVID-19 vaccines are inching closer to becoming covered under the VICP. We will continue to monitor the status of COVID-19 vaccines as things develop. If you want to learn more about this topic, I’d invite you to visit and subscribe to our YouTube channel for access to a recent webinar presentation that we recorded, where I discussed these topics at length.
Injured by a vaccine? Schedule your free consultation today
If you believe that you have been injured as a result of a vaccine, you may be entitled to compensation. Please contact us for a free case review by filling out the contact form below. We will be prepared to handle COVID-19 vaccine injuries if and when those vaccines become covered under the VICP. If you have been injured by a COVID-19 vaccine and you have questions about the CICP and your options, feel free to give us a call.
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