People Injured By COVID Vaccines In U.S. Will Not Receive Compensation From VICP

People Injured By COVID Vaccines In U.S. Will Not Receive Compensation From VICP
January 28, 2021 renegade 0 Comments
Many countries have a vaccine injury compensation program. Canada, for example, recently created one just prior to the rollout of the COVID-19 vaccine. These programs compensate people who have been and are injured by one or more vaccines, which in some cases have been known to cause hospitalizations due to severe adverse reactions, permanent disabilities and even death. Federal health regulatory agencies claim these are extremely rare events, that approximately one in a million people suffer these kinds of injuries. This may be very true, but no statistics, information or sources are provided, and vaccine injury reporting systems, like the Vaccine Adverse Events Reporting System (VAERS) in the United States, for example, only capture an estimated one percent of vaccine injuries because the majority of them are believed to be unreported. There is information out there that that claims otherwise. For example, an HHS pilot study conducted by the Federal Agency for Health Care Research found that 1 in every 39 vaccines in the United States caused some type of injury, which is a shocking comparison to the 1 in every million claim.

The Vaccine Injury Compensation Program (VICP) protects the vaccine manufacturers (pharmaceutical companies) from any liability, and the money comes out of the taxpayers pocket. In the United States, the VICP has paid out more than $4 billion dollars due to vaccine injuries. Since 2015, the program has paid out an average total of $216 million to an average of 615 claimants each year.

When it comes to the COVID-19 vaccine, those who are injured will not be eligible for compensation under the VICP. An article recently published in the New England Journal of Medicine explains,

The United States has developed a robust system for vaccine-injury compensation to alleviate the burdens of adverse medical consequences of vaccines. But this system will be unavailable to people who receive Covid-19 vaccines during the declared public health emergency. All potential vaccine recipients, and especially people in high-risk communities, therefore face a dilemma: should they risk becoming infected or risk having a vaccine injury without sufficient access to compensation?

The declaration of a public health emergency by the Department of Health and Human Services in March 2020, however, resulted in exclusion of Covid-19 vaccine injuries from the VICP. This declaration triggered the Public Readiness and Emergency Preparedness (PREP) Act, a federal law that requires that all people injured by vaccines given as countermeasures during a declared emergency bring claims under only the Countermeasures Injury Compensation Program (CICP). The CICP is far less generous and less accessible than the VICP. It compensates people for only the most serious injuries, has a higher burden of proof than the VICP, has a 1-year statute of limitations after the date of vaccination, and limits awards for damages. For example, the CICP limits lost-income recovery to $50,000 for each year out of work and doesn’t include compensation for pain, suffering, or emotional distress.

As a result, people who are vaccinated during the declared public health emergency will be less likely to obtain compensation for injuries associated with Covid-19 vaccines than they would be for injuries from vaccines included in the VICP. Furthermore, the process for pursuing compensation will be lengthier, more difficult, and more expensive because reimbursement for attorneys’ fees is unavailable. People vaccinated during a declared public health emergency can never pursue injury claims under the VICP, even if their symptoms manifest or are linked to the vaccine after the declaration is lifted.

Current projections suggest that the United States will achieve sufficient herd immunity to lift the emergency declaration by the fall of 2021. This development may well allow Covid-19 vaccine-injury claimants who delay vaccination to file under the VICP as long as the CDC has recommended the vaccine for children or pregnant women (the CDC already recommends the Pfizer-BioNTech vaccine for children 16 years of age or older). For lower-income workers, including many “essential workers,” however, delaying vaccination until the end of the declared public health emergency would be especially dangerous. These workers are often at high risk for infection because of their close contact with other people at their workplaces. At the same time, low-income people who most need to be vaccinated are also least able to weather the health and financial outcomes of a serious vaccine injury, especially if the CICP is their only option for compensation.

Only people who can afford to wait for Covid-19 vaccination until the emergency declaration has ended and the CDC acts will be able to file injury claims under the VICP. This group will probably consist largely of people who can continue working remotely and socially isolating until they feel adequately assured of the vaccine’s safety profile.

Vaccine injuries are nothing new and injuries have been reported for various vaccines. For example, according to a MedAlerts search of the (VAERS) database, as of today, the cumulative raw count of adverse events from measles, mumps, and rubella vaccine (MMR) alone is: 83,997 adverse events, 1,809 disabilities, 6,618 hospitalizations, and 428 deaths.


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