CORONAVIRUS: COVID-19 VACCINE INJURY COMPENSATION
What happens if you experience serious side effects to the COVID vaccine?
Vaccine Reactions to COVID-19 Immunization
Before vaccines are given to the general public they have to undergo clinical trials. The clinical trials are designed to determine the effectiveness of the vaccination and to detect unexpected side effects and adverse reactions.
However, it’s very difficult to detect rare adverse reactions during clinical trials because of the small group of vaccinated test subjects. Unexpected reactions and side effects can surface when the vaccine is released to the larger population.
Compensation For Injuries Caused by COVID-19 Vaccinations
At present, people have little or no recourse if they are injured by a COVID-19 vaccine. Lawsuits against the companies that make the vaccine, and the medical staff who give the shots, are generally barred by federal law.
Claims for injuries can be brought in the Countermeasures Injury Compensation Program (CICP), however, the CICP exists outside the legal system. Any decisions made by the CICP are made in secret by the Department of Health & Human Services (HHS) with no right of appeal to any court.
HHS has recently proposed a rule change that will keep COVID-19 vaccines in the CICP and out of the well-established Vaccine Injury Compensation Program (VICP). The VICP has processed thousands of vaccine injury claims over 30 years, paying out billions of dollars in compensation. Unlike the CICP, claims in the VICP are decided in a federal court and have a right of appeal up to the United States Supreme Court.
Problems with the Countermeasures Compensation Program (CICP)
In addition to having no right to a judge and no right to an appeal, the CICP has many extreme limitations.
- Claims must be brought within one year of vaccination, with no exceptions. For example, if you are in a coma for a year and a day and bring the claim with the CICP the day you awake, you are automatically barred.
- Federal courts are specifically prohibited from exercising any jurisdiction over the CICP, so even if the CICP violates its own rules, you cannot appeal.
- The CICP only awards a portion of your lost wages from a COVID-19 vaccine injury.
- The CICP does not award any money for pain and suffering
The Countermeasures Program is a Mistake for COVID-19 Vaccine Injuries
Countermeasures Injury Program Payouts are Rare
Between 2010 and 2020 the Countermeasures Injury Compensation Program (CICP) paid out only 8% of the claims it received. Out of 446 claims, mostly for reactions to the H1N1 vaccine, only 39 people across the United States got any sort of money from the CICP.
Meanwhile, the Vaccine Injury Compensation Program (VICP) has paid about 33% of the claims it’s received since 1989. In fact, the Vaccine Court has awarded almost $4-billion dollars to nearly 7,500 people since 1989.
National Vaccine Injury Compensation Program (NVICP) is the Right Program for COVID-19
COVID-19 vaccine adverse reactions belong in the Vaccine Injury Compensation Program. It is the best chance to make sure anyone who has an unexpected reaction to the new COVID-19 vaccines can get financial help. The Federal Vaccine Court has heard VICP claims for over 30 years is the right place for these cases. Using the $4-billion dollar VICP trust fund is the proper compensation system for these claims.
A 1985 United States House of Representatives Report clearly states the goal of the VICP is to “establish a Federal ‘no-fault’ compensation program under which awards can be made to vaccine-injured persons quickly, easily, and with certainty and generosity.”
How Our Attorneys Can Help
Unfortunately, we CANNOT help you with the Countermeasures Injury Compensation Program (CICP).
However, we ARE reviewing COVID-19 vaccine injury cases now for possible future claims in the NVICP.
You can sign up with mctlaw to be notified if the COVID-19 vaccine is placed in the Vaccine Injury Compensation Program (VICP). There is no obligation on your part. Signing up does not make you a client of mctlaw or bind you in any way.
We strongly believe people hurt by COVID-19 vaccines should be allowed to bring their case to the Vaccine Court in the United States Court of Federal Claims. Until then, the only alternative is the ineffective Countermeasures Injury Compensation Program.
Maglio Christopher & Toale, P.A. currently represents hundreds of vaccine injury patients across the United States in the National Vaccine Injury Compensation Program (VICP). Our attorneys have won hundreds of millions of dollars for our vaccine injury clients. You can see our case results for yourself.
Who Does the Countermeasures Vaccine Injury Program Hurt the Most?
The first people to get immunized with a new, minimally tested COVID-19 vaccine will be healthcare workers; the same people who put their lives at risk helping Coronavirus victims recover. Healthcare workers would be forced into the CICP.
Public Concerned About Safety of COVID-19 Vaccines
A recent Axios/Ipsos Coronavirus Index poll shows that 60% of Americans say they will not get the first generation of the Covid-19 vaccine. Another 60% say they don’t trust pharmaceutical companies with their safety.
When the general public finds out about the CICP, willingness to get a COVID-19 vaccination will drop even further. And that will be tragic for everyone in the United States.
Tracking COVID-19 Vaccine Side Effects Throuth VAERS
The United States’ Vaccine Adverse Event Reporting System (VAERS) is was created to detect serious side effects from vaccinations. It’s an early warning surveillance database meant to detect safety issues with vaccines.
Anyone in the public can submit a report to VAERS if they’ve had a bad reaction of any kind to a vaccine. VAERS staff tracks vaccine doses and connects them to reports of side effects in the massive database within days. It’s managed by the FDA and CDC. These agencies are already using VAERS data to track potential Covid-19 vaccine reactions from ongoing trials.