Countermeasures Injury Compensation Claims:  Understanding Your Options for Covid-Vaccine Adverse Events

The National Vaccine Injury Compensation Program (“NVICP”) is established to compensate individuals for injuries arising from vaccines routinely administered to children, such as flu, tetanus, MMR or pneumococcal vaccines.  A list of vaccines covered by the NVICP can be found here.  At a time when many individuals are receiving Covid vaccinations, people want to know whether the NVICP will compensate for injuries resulting from the Covid vaccination.  Presently, the NVICP cannot accept Covid-vaccine related claims.  However, there is a separate program known as the Countermeasures Injury Compensation Program (“CICP”).

The CICP operates within the Department of Health and Human Services, and was established through the Public Readiness and Emergency Preparedness (“PREP”) Act.  Claims in the CICP can only be filed on behalf of a recipient who received one (or more) countermeasures in response to a public health emergency, including epidemic and pandemic emergencies.  Countermeasures may include specific treatments, medications or vaccinations.

The CICP is managed through an administrative process, and there is no right to appeal.  There is a 1-year deadline to file a claim, which begins from the time you received a countermeasure, such as the date of vaccination administration.

CICP recipients may recover costs solely related to treatment arising from the injuries sustained due to countermeasures.  A CICP recipient cannot recover costs related to pain and suffering, and there is a limited remedy for lost wages.  Historically, the CICP has an extremely low rate of paying claims, and the majority of claimants have been unsuccessful.[1]

Our firm is closely following whether the Covid vaccination will become part of the National Vaccine Injury Compensation Program in the future.  For more information and important firm updates, please continue to follow our Insights page.

Additional information about the CICP is available at the Department of Health and Human Services (https://www.hrsa.gov/cicp/cicp-vicp).

[1] https://www.nejm.org/doi/full/10.1056/NEJMp2034438