Emergency Use Authorization vaccines
(ex: Covid-19 2020, Ebola 2016, H1N1 2009, Anthrax 2005)
The Countermeasures Injury Compensation Program (CICP) is based on the 2005 PREP Act, and is managed by the federal agency Health Resources and Services Administration (HRSA). This program applies to countermeasures (vaccines and drugs) covered by a PREP Act declaration of a public health emergency. More information here and here.
Statute of limitations to seek compensation within CICP:
- injury: 1 year
- death: 1 year
Injury award limit: $250,000 per person.
Not all injuries are compensated. A list of injuries which will be compensated has not been created; compensation awards are at the discretion of the “special master,” within the FISA-like court run by the government agency (HHS). A modification to the 2005 PREP Act was made in April 2020 to extend liability to every manufacturing process and every ingredient of the vaccine and in any hardware, software or tracking device associated with the vaccine.
Before any money from CICP can be awarded to a victim, the victim must first exhaust their private insurance policy. CICP will only pay the difference between what insurance covers, and the total payout amount established for your case.
You will not be compensated for attorney fees and expert witness fees, even if you win an award.
The money awarded to victims through this program comes from a tax paid by U.S. taxpayers via Congressional appropriation to the Department of Health and Human Services (HHS).
HHS acts as judge, jury and defendant. A significant problem with the CICP is that it’s administered within the Department of Health and Human Services, which is also sponsoring the COVID-19 vaccination program. This conflict of interest makes the CICP less likely to admit fault with a vaccine. “It is extremely difficult for a petitioner to prevail in the CICP.
“As of October 1, 2020, only 39 of the 446 injury claims covered by the CICP, only 39 of were eligible for compensation, with 29 of those claims receiving compensation totalling over $6 million. Ten of the 39 claims received no compensation at all, due to the injured party not having any qualifying compensable expenses or losses.8 Only seven percent of vaccine injury claims have been compensated by the CICP” – NVIC.org. Critics Question Vaccine Injury Compensation Program Readiness as COVID-19 Claims Come In and So What Happens if You Get Injured by a COVID-19 Vaccine?
Employers that mandate the COVID-19 vaccine will also be indemnified from liability for side effects. Instead, claims will be routed through worker’s compensation programs.
FDA-approved vaccines
(ex: DTaP, HepB, MMR)
Vaccine makers cannot be sued for injuries or deaths caused by their vaccines, since the National Childhood Vaccine Injury Act of 1986 (PL-99-660), so you must obtain compensation through the Vaccine Injury Compensation Program (VICP), managed by the federal agency Health Resources and Services Administration (HRSA). The VICP applies to vaccines recommended by the ACIP committee, and vaccines recommended for pregnant women as of 2016 under the 21st Century Cures Act.
Statute of limitations to seek compensation within VICP:
- injury: 3 years (check injury table for updates)
- death – 2 years
Injury award limit: $250,000 per person.
Not all injuries are covered; is at the discretion of the “special master,” within the FISA-like court run by the government agency (HHS).
The money awarded to victims through this program comes from a tax paid by U.S. taxpayers via Congressional appropriation to the Department of Health and Human Services (HHS).
HHS effectively acts as judge, jury and defendant. A significant problem with the CICP is that it’s administered within the Department of Health and Human Services, which is also responsible for initiating science to find out how to make vaccines safer and if vaccines are causing injuries, as required in the 1986 Vaccine Injury Compensation Act. This conflict of interest makes the VICP less likely to award victims with compensation.