Inside the Overwhelmed Covid Vaccine Injury Compensation Programs

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As COVID-19 vaccines have been widely distributed and administered, a surprising development has taken place. Over 8,000 individuals have lodged complaints of vaccine-related injuries with the Health and Human Services Department’s Countermeasures Injury Compensation Program (CICP). However, due to the overwhelming number of cases and the program’s lack of resources, it has only been able to reach decisions on 749 claims related to Covid treatments, with only four cases resulting in compensation.

Many of the injuries include conditions such as appendicitis, cognitive difficulty, abdominal pain, and abnormal heart rhythm. These allegations have attorneys calling for an intervention from the Biden administration and Congress, who argue that these cases need to be moved to a more suitable program designed for handling them. This would require lawmakers to implement significant reforms.

Renee Gentry, director of the Vaccine Injury Litigation Clinic at George Washington University, notes that the Vaccine Injury Compensation Program (VICP), which they suggest as an alternative, isn’t equipped to handle the increased load. “It doesn’t have the infrastructure yet,” Gentry said. “Even half of the Covid caseload would double the size of the vaccine program. It would come to a crashing halt.”

The CICP was created in 2010 to handle damages resulting from sudden health crises like Ebola and the Anthrax scare. It had fewer than 500 claims before 2020. However, the explosion of COVID-19-related injuries has pushed it beyond its capacity. “I get calls all the time from people and they’re like, I spent all day trying to find a human being at the Countermeasures Program and there’s nobody there,” said Gentry.

As the “public health emergency” officially ended, the HHS announced that the CICP would handle Covid vaccine injury claims through 2024. This move was designed to prevent the court system from being inundated with civil claims. However, it also has the effect of keeping Covid vaccine injury lawsuits out of the courts and stifling the voices of those who believe they have been harmed.

The VICP, on the other hand, is seen as a more suitable venue for these cases. It covers attorneys’ fees, provides better compensation for the injured, is more transparent, and allows claimants to appeal decisions. Yet the switch from one program to the other is rife with legal complexities. Further, the VICP already has a backlog of its own, with over 26,000 petitions filed and almost 10,000 deemed compensable, resulting in a total of $5 billion.

The process to make a vaccine eligible for the VICP is complex and lengthy. Once a vaccine is recommended for routine administration for children—which happened for Covid vaccines in 2022—the HHS has two years to recommend that it be covered. Congress would then have to approve the taxation of the doses to fund the program.

On top of this, critics argue that the CICP offers insufficient recourse to victims. “If you are an innocent child who has health insurance that covered your medical bills and you were injured, you have no recourse,” says David Carney of Green & Schafle. “It doesn’t compensate for pain and suffering whatsoever.”

Despite the hurdles, there are signs of movement. Rep. Lloyd Doggett (D-Texas) has plans to reintroduce legislation that will expedite the process and increase the VICP’s ability to handle claims. His previous bills proposed automatic excise tax on vaccines added to the VICP, circumventing the need for Congress to weigh in and speeding up the process. The legislation would also increase compensation from $250,000 to $600,000.

The VICP is managed by the HRSA, a division of HHS. The ever-increasing federal recommendations for vaccine administration are managed by the CDC, another division of HHS. The vaccines are approved and regulated by the FDA, also a division of HHS.

The lack of adequate studies makes it hard for plaintiffs to prove that vaccine manufacturers are at fault. And as long as the manufacturer isn’t aware of any harmful effects, they retain immunity against legal action. This has resulted in a system in which it is in the company’s best interest NOT to conduct thorough safety studies.

These companies often sponsor their own studies. They spend millions of dollars each year lobbying the government, and their relationship with leaders in our regulatory bodies is sickening. We need to demand that these companies be held accountable. We need to demand that our representatives stop taking money from the pharmaceutical companies, and that regulators not be allowed to take jobs with the very companies they’re meant to regulate.

The National Vaccine Injury Compensation Program has paid out nearly $5 billion dollars to those injured by vaccines. This is despite the absurd rules of this “kangaroo court” that make it nearly impossible for victims to even have their case heard. Even here, we’ve seen how doctors’ expert testimony has been twisted and misrepresented to benefit the manufacturers and deny compensation for victims.

Vaccines, like any medical intervention, carry risks. When these risks manifest as injuries, it becomes our ethical responsibility to provide proper restitution. This should be our unwavering commitment – a testament to the respect we have for the individuals who, in partaking in the vaccination programs, have trusted us with their health and well-being.

The shortcomings of the VICP and CICP are an indication that we have failed to uphold this commitment. We have failed not just in the practical sense of providing compensation, but also in the moral sense of acknowledging the suffering and honoring the sacrifices of those adversely affected by vaccines.

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