How to Pursue a COVID Vaccine Injury Claim Through the CICP

The Countermeasures Injury Compensation Program (CICP) is a federally funded program that is administered by the U.S. Department of Health and Human Services (HHS). The CICP was created to provide compensation to those who have been injured by certain countermeasures. The HHS definition of a countermeasure is a “vaccine, medicine, or other product used to prevent or treat a declared pandemic, epidemic, public health threat, or security threat.” The CICP is the only option under the current law for people seeking damages for COVID-19 vaccine related injuries. However, the program also covers other countermeasures against disease outbreaks including Ebola, the Zika virus, and Smallpox just to name a few.

The following people may be eligible to receive benefits through the CICP:

  • Injured countermeasure recipients
  • Certain survivors of deceased injured countermeasure recipients
  • The estates of deceased injured countermeasure recipients

How to Receive Compensation Through the CICP

To receive compensation for injuries related to a COVID-19 vaccine, the injured person must file a claim with the CICP within one year of receiving the shot. You will need to submit all your medical records from the present dating back to one year prior to you receiving the shot. This is so the CICP can assess your total health picture before and after your injury. You will also need to submit an Authorization for Use or Disclosure of Health Information Form for each healthcare provider (e.g. doctor, specialist, or hospital) you saw during the time frame indicated above.

Once all your documents have been submitted, a medical board will review your claim and decide whether or not your injury is covered under the program. This review process can take a varied amount of time depending on the complexity of your case.

If the board decides that you qualify for benefits, you may be compensated for out-of-pocket medical expenses, lost income, and survivor benefits (if a loved one died due to the vaccine).

Please note that the CICP is the “payer of last resort” meaning they will not reimburse you for damages that were covered by a third-party. They will not pay out damages that were covered by your health insurance, VA benefits, or Worker’s Compensation.

Unfortunately, the probability of receiving compensation for a COVID-19 vaccine adverse reaction is minimal. This is because there is currently little research done on the topic, and there is little medical evidence that definitively proves COVID-19 vaccines can cause injury. Also, the medical board that evaluates each case sets a very high standard that the claimant must meet to be eligible for compensation. The association between the vaccine and the injury is "not sufficient, by itself, to prove that an injury is the direct result of a covered countermeasure". As of June 1, 2022, only one of the more than 5,000 claims that have been filed with the CICP regarding COVID vaccine injuries and deaths have been compensated. Yet, many cases have not yet been fully processed.

The Future of COVID-19 Vaccine Injury Compensation

Many are waiting for and hoping that the COVID-19 vaccine will be moved to the Vaccine Injury Compensation Program (VICP). The VICP covers injuries caused by many other vaccines including influenza, mumps, measles, and polio. Under the VICP, qualified claimants can receive compensation for past and future unreimbursed medical treatment, past and future lost wages, out-of-pocket expenses, and past and future pain and suffering. The VICP offers due process protections and is evaluated by a Respondent (attorney), Special Master (judge), and medical team. One of the greatest benefits of the VICP is that it can pay for attorney’s fees and case-related expenses, which the CICP does not.

If the COVID-19 vaccine becomes a yearly shot, like the flu shot, then it will likely be covered by the VICP. However, a series of administrative and legislative steps need to transpire before that happens. Fortunately, efforts are currently underway to get the Covid vaccine to be included in the VICP.

The Law Offices of DuPont & Blumenstiel is currently taking COVID vaccine injury claims. For a flat fee, we are able to help you submit a claim to the CICP, and increase your odds of receiving compensation.