Shannon Law Group - January 2021

COVID-19 VACCINE SHOULD BE COVERED BY THE VICP

Because the vaccines for COVID-19 were developed at “warp speed,” some have questioned its safety. Any vaccine that is mass-produced usually undergoes a long process to ensure its safety for the public. However, vaccine manufacturers and pharmaceutical companies worked overtime to develop and test the COVID-19 vaccines so they were ready by the end of 2020. Because of the short time frame, companies also want to make sure they are protected from liability if anyone experiences an adverse reaction. But if everyone will be expected to line up for a COVID-19 vaccine, they should have an opportunity to be compensated if they experience an adverse reaction. So, what recourse do they have? The U.S. Department of Health and Human Services has already indicated that a COVID-19 vaccine will be covered under its Countermeasures Injury Compensation Program (CICP). This is not good. Unlike the VICP, there is a higher burden of proof for anyone alleging a vaccine injury in the CICP. And because the CICP does not pay for attorneys’ fees, it is unlikely that a claimant will be able to find an attorney to help him or her navigate the CICP and its obstacles. The VICP also pays out more in compensation than the CICP, and the CICP doesn’t even offer compensation for pain and suffering. On top of all of that, people alleging a vaccine injury in the CICP only have one year to bring a claim before it is time-barred.

We will continue to advocate before the HHS to cover all vaccines through the VICP. Want to help? Email me at jsvitak@shannonlawgroup.com.

– Jonathan Svitak

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