There has been increasing attention surrounding COVID-19 vaccine injuries and the options available to those who believe they suffered an injury following a COVID-19 vaccination.
For certain vaccine-related injuries, there is a federal program that may provide compensation: the Countermeasures Injury Compensation Program, or CICP.
What Is the CICP?
The CICP functions as a federal program administered by the U.S. Department of Health and Human Services (HHS). It provides a potential avenue for compensation for individuals who experience serious physical injuries or death because of certain covered countermeasures, including certain vaccines administered against COVID-19.
Unlike a traditional personal injury lawsuit, however, the CICP is governed by a different set of rules and limitations.
For example, compensation under the CICP generally focuses on economic losses, such as medical expenses not otherwise reimbursed and lost employment income. The program does not provide compensation for pain and suffering.
That distinction is important for anyone considering whether they may have a potential claim.
The One-Year Filing Deadline
One of the biggest challenges facing individuals who believe they suffered an injury from a COVID-19 shot has been the CICP's filing deadline.
Generally, claims must be filed within one year of the date the individual received the covered countermeasure.
That relatively short deadline can make it difficult for individuals to pursue a claim, particularly when an injury develops over time, or the person does not initially realize that the CICP may be the appropriate avenue for seeking compensation.
A New Development Could Affect the Filing Deadline
Recent litigation involving HHS has brought additional attention to the possibility of a COVID-19 vaccine injury compensation table.
Under the CICP framework, a condition being added to a covered injury compensation table could have significant implications for individuals who may otherwise have missed the applicable filing deadline.
If a COVID-19 vaccine injury table is ultimately established and approved, it could potentially reopen or extend the opportunity for certain individuals to submit claims for injuries dating back to earlier years of the COVID-19 vaccination program.
This is an important development because it could give some individuals another opportunity to have their claims considered through the CICP.
What the Compensation Table Would Not Change
The creation of a compensation table would not necessarily make these claims simple.
Individuals would still need to establish that their injury meets the applicable requirements of the CICP. There can also be significant medical and legal issues involved in demonstrating that a particular injury is connected to a covered vaccine or countermeasure.
And even if a claim is eligible for consideration, the CICP's limitations would remain.
Pain and suffering damages are not available through the CICP. The program instead provides compensation for certain qualifying economic losses and other benefits permitted under its rules.
In other words, a change to the filing opportunity would not necessarily change the underlying complexity of the claim or the types of compensation available.
What This Could Mean for People Who Were Injured
For individuals who believe they suffered a serious injury following a COVID-19 vaccination, this development is worth watching closely.
If the applicable compensation table is approved, individuals who previously believed they were outside the filing window may potentially have an opportunity to pursue a CICP claim.
The exact impact will depend on the final requirements of the compensation table, the applicable federal rules, and the outcome of the ongoing litigation.
If you believe you suffered an injury following a COVID-19 vaccination, it is important to understand your options and the applicable deadlines rather than assuming that it is too late to pursue a claim.
The legal landscape surrounding COVID-19 vaccine injury claims is continuing to develop. Anyone who believes they may have a claim should speak with an attorney familiar with vaccine injury compensation programs to determine whether the CICP may apply to their circumstances.
If you have questions about a serious injury following a COVID-19 vaccination, contact the Vaccine Injury Help Center to discuss your situation and learn more about your options.
Disclaimer: The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the Vaccine Injury Help Center directly.