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Coronavirus: The Law on Injuries from Vaccination and Treatment
Mar 17, 2020
Coronavirus: The Law on Injuries from Vaccination and Treatment
As everyone is aware, the United States and the world is in the middle of facing a global
pandemic related to the outbreak of COVID-19 (“Coronavirus”). This article does not focus on
the problems most relatable to everyday Americans: the difficulty in locating some essential
supplies, scheduling difficulties, childcare, employment issues, and what is feeling more and
more like unbearable restrictions on social interaction.
Instead, this article is focusing on something that will be another ripple effect from the
Coronavirus: legal remedies related to the possible subset of reactions/injuries, lost wages,
medical bills, and other damages (up to and including death) related specifically to treatment for
the Coronavirus. All of these things are a possibility in some form or fashion and need to be
addressed by the legal system as treatments and, ultimately, vaccinations are developed and
administered to the general public.
The federal government already administers a program to provide compensation to individuals
injured by vaccinations through the National Vaccine Injury Compensation Program (“NVICP”).
However, there is one important detail of that program that affects the current outbreak. It only
covers vaccinations approved and recommended for regular administration in children, many of
which are also given to adults on a regular basis. These vaccinations are listed on the “Vaccine
Injury Table.”1
Here is a perfect (simplified) example showing the difference: pneumonia has two different
vaccinations normally given. The first, commonly known as Prevnar 13, is recommended
primarily for children, so any resulting injuries or reactions are covered, even those suffered by
an adult receiving the vaccination. The second, commonly known as Pneumovax 23, is
recommended only for older adults and therefore not covered by the NVICP.
The Coronavirus vaccine, once developed, will not immediately be listed on the Vaccine Injury
Table. Much like another pandemic virus outbreak, the 2009 H1N1 influenza virus, any injuries
or deaths related to Coronavirus treatments or vaccinations will be handled pursuant to the
Countermeasures Injury Compensation Program.2
The Countermeasures Injury Compensation Program (“CICP”) was designed by the federal
government to provide assistance to those injured by countermeasures for the benefit of public
health. A countermeasure is a vaccination, medication, device, or other item recommended to
diagnose, prevent or treat a declared pandemic, epidemic or security threat.
It is important to remember: Countermeasures, while the name may sound frightening, are an
important step in battling the spread of this disease. When they become available for
administration, you should always follow the advice of your physician. In short,
Countermeasures – like vaccines – are a good thing. They help save lives.
There is no Coronavirus vaccination available today. However, it is likely to be developed and
administered in the future to combat the disease. When it is, like with any other medications,
some small number of people may suffer unpredicted, rare reactions resulting in injury and/ or
death.
Individuals who suffer injuries of an approved countermeasure to the Coronavirus are eligible for
certain monetary benefits. The benefits available under this Program are medical benefits,
benefits for lost employment income, and survivor death benefits.
Like any regulatory compensation program, the CICP spells out in much more detail the
requirements, deadlines, medical records, filings, and eligible benefits calculations in the actual
Act itself. These acts can be confusing and difficult to navigate on your own. Figuring them out
if you are dealing with an injury or family members who are sick, may seem impossible. But
you can get through this with some perseverance and preparation.
Current Developments and Planning for the Future:
A public health emergency for the entire United States was declared on January 31, 2020 to aid
in the nation’s health care community response to the Coronavirus outbreak.3 As of today,
March 17, 2020, a declaration was issued in the Federal Register creating liability immunity for
activities related to providing medical countermeasures against COVID-19. The declaration also
says people who suffer harm from any countermeasures used may receive compensation under
the CICP.4
This is a positive development showing the federal government is working to utilize all tools at
its disposal to combat this disease and take care of both the public’s health and finances.
The CICP provides a general information website with various forms and guidelines,5 but
making sure to check all the right boxes can be a daunting task for the injured few, with the
failure to properly prepare and file everything resulting in denial to any compensation for even
minor injuries.
Unlike the NVICP, the CICP and any coverage for Coronavirus vaccines and injuries does not
provide for payment of attorneys’ fees or any related costs in submitting the claim.6 However,
legal representation is allowed for claimants willing to seek assistance in preparing and filing a
claim. All claims for benefits under the CICP must be filed within one year of the date of the
administration or use of a covered countermeasure that is alleged to have caused the injury.7
We have over 60 years of combined experience in the NVICP, dating back to its inception in
1988. We are well suited in navigating complicated claims’ issues and preparing them for filing
with the federal government. As the Coronavirus continues to spread, it is important to be aware
of applicable legal rights and how to apply them effectively when and if the time comes. Our
firm will be working to implement a fixed-price model to help potential claimants easily afford
representation that will lower fees and costs and expedite the filing process, while returning a
maximum amount of compensation directly to the client.
In the meantime, we continue to wish you and your family safety and wellness throughout this
unprecedented health challenge. For everyday preventative techniques and preparedness, we
advise that you continue to follow the guidance from the CDC.8
If you have questions or would like to investigate a possible claims initiation process, contact us
directly at https://www.vaccinationlawyer.com/contact-us.
1 https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/vaccine-injury-table.pdf
2 https://www.hrsa.gov/sites/default/files/cicp/about/forms/admininterimfinalrule101510.pdf
3 https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx
4 Federal Register, Vol. 85, No. 52, Tues., Mar. 17, 2020, Notices
5 https://www.hrsa.gov/cicp/index.html
6 42 CFR § 110.44
7 42 CFR § 110.42
~Chris Webb, Shareholder and Attorney, BMJRG.
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