COVID-19 vaccine injuries claims to be directed to the Countermeasures Injury Compensation Program and not the vaccine court. Hence less likely to be compensated!

 COVID-19 vaccine is a new vaccine that has not fully completed clinical trials. But the USA  FDA has authorized it for emergency use. Also, in March 2020, Health and Human Services Secretary Alex Azar had revealed that all claims related to COVID-19 vaccine injuries and serious side-effects would be handled by the Countermeasures Injury Compensation Program and not the vaccine court. In the last decade, the Program had rejected 90% of the vaccine claims. Hence attorneys and consumer advocates feel that the COVID-19 vaccine injuries patients will not get a fair deal under this Program. They want the claims to be shifted to the vaccine courts. But will that happen? 

The vaccine against COVID-19 in the USA

In the USA, there is a winter surge of cases due to coronavirus. 325k deaths have taken place to date and public health experts feel that the Pfizer-BioNTech and Moderna vaccines approved in an emergency by the US FDA would help in slowing the pandemic. The claims are that these vaccines are safe with 95% effectiveness. But 2 people in the UK and 6 in the USA have developed serious side-effects with the vaccine. And when millions are administered the vaccine, the figures would rise.

Frontline health workers and the covid-19 vaccine [Soure: USA Today]

A Philadelphia attorney, David Carney said: 

"When you have a brand-new vaccine coming out, you want people to take it. No matter what vaccines are given out, you are always going to have this rare percentage of people whose immune systems just get triggered in the wrong way, revved up in the wrong way, and they have adverse events." 

He added: 

"We are going to have hundreds of millions of people that will be getting the COVID vaccine. The recourse available if and likely when people suffer side effects is going to be pretty limited."

The limited chances of a fair deal for COVID-19 vaccine injuries patients

All the claims related to the COVID-19 vaccine serious side-effects would be handled by the Countermeasures Injury Compensation Program that was created under the 2005 federal Public Readiness and Emergency Preparedness Act. This program is run by the Health Resources and Services Administration. There are four people on its staff. From 2010, it had handled less than 5 claims per month. 

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If the COVID-19 vaccine claims go to this agency, it will not be able to take the load. they will need more staff and contractors to handle it. Since 2010, the agency has paid only 29 claims and rejected 450 of the 499 claims that came to it. The 29 claims were paid a total of $ 6 million. 10 cases were eligible for the compensation but the program had no money to pay them. 10 cases are under review. 

covid-19 vaccine packing [Source: USA Today]

The claim period is set at 1 year after the vaccine dose and conducts no hearings. It also does not pay for attorney's fees. The proofs demanded from the patient are plenty and a patient cannot single-handedly manage to gather all the evidence for it. Additionally, it does not pay for pain, suffering, and rehabilitation. It only gives a partial compensation for lost income. If denied compensation, the people have no other legal recourse left with them. 

The agency has rejected 372 claims out of the 407 claims related to the 2009 H1N1 flu vaccine. 8 out of 11 claims related to smallpox vaccine and all 18 claims of anthrax vaccine were rejected. Robert Beckham, a high school Maryland student, developed transverse myelitis one month after having the 2009 H1N1 flu vaccine. He has paralysis from the chest down and been denied any compensation. Now he is 26 and on a wheelchair. He is in and out of the hospital for complications. 

Lawyers demand the transfer of covid-19 vaccine injuries claims to vaccine court

On the other hand, vaccine courts are better. From 2006 to 2018, they have paid 70% of the claims of the vaccines. Vaccine courts deal with injuries related to routine childhood vaccines. For a vaccine to enter the vaccine court, it should be on the routine immunization schedule and also completed trials in children and pregnant and breastfeeding mothers. But that is not the case with covid-19 vaccines. It is not indicated for children and pregnant and breastfeeding mothers have to decide on their own whether they want to risk taking the vaccine or not. 

Besides, the vaccine should be having a nominal excise tax to be eligible for vaccine court. Lawyers are demanding a transfer of the covid-19 vaccine injuries claims to the vaccine courts but the government might not comply with these pressures. As the covid-19 vaccine currently does not fulfil the criteria for inclusion in the vaccine courts, it would remain with the countermeasures program with its unfair dealing for the people with serious side-effects due to the vaccine.