There are several issues that are currently undecided that have stalled the progress of providing a forum for compensation to the injured.

First, there is currently no forum or court that is authorized to hear and adjudicate COVID-19 vaccine injuries.

When the COVID-19 vaccine was created and administered to the public, the administrators and manufacturers of the vaccine were protected from liability for all injuries that resulted. In addition, because it was a pandemic vaccine, the vaccine was ineligible to be placed in the National Vaccine Injury Compensation Program (NVICP) that provides compensation for pain and suffering, medical bills, lost wages, and attorney’s fees.

Adding the COVID-19 Vaccine to the National Vaccine Injury Compensation Program will take an act of Congress.

Second, in order for the COVID-19 vaccine to be placed in the National Vaccine Injury Compensation Program, an excise tax needs to be added to the vaccine’s sales in order to further fund the National Vaccine Injury Compensation Program. This takes an act of Congress.

Third, when the COVID-19 vaccine was administered to the public during the pandemic, the US Department of Health and Human Services attempted to placate the public by allowing injury claims to be filed in the Countermeasures Injury Compensation Program, which does not compensate for attorney’s fees or pain and
suffering.

To date, only 3 claims have been paid from the CICP totaling less than $5,000.

[COVID-19 vaccine claims yield small payouts from U.S. government | Reuters].

If you have a case in the CICP
currently, it is unlikely to be paid and meaningful compensation.

Now, we need to update you on the ongoing efforts to provide meaningful compensation forums for those injured from the COVID-19 vaccine. Two years ago, Congressman Doggett (D-TX) introduced a bill in the US House of Representatives to include the COVID-19 vaccine in the National Vaccine Injury Compensation Program.

The bill progressed but eventually was stalled during the 2021-2022 Congressional Session. Recently, Congressman Doggett reintroduced this same bill in the House of Representatives, and it would increase the pain and suffering allowances, include the COVID-19 vaccine, and increase the number of special masters that would adjudicate the claims to allow for faster resolution.

https://thehill.com/opinion/congress-blog/4158132-congress-must-modernize-our-approach-to-rare-vaccine-injuries/].

The bill seems to have bipartisan support although it is moving slowly. Further, any case currently filed in the CICP will be automatically moved over to the NVICP. For our clients, there are only positives in this piece of legislation, and it has our full
support.