Making a Claim for Vaccine-Related Injuries

COVID-19 vaccinations, already widespread, are soon to become mandatory for most workers under federal regulations. While most people who are vaccinated suffer little or no side effects, there are occasions when a vaccine leads to a serious allergic reaction or other severe adverse effect. Two government programs, both operated by the federal Health Resources & Services Administration (HRSA), can provide financial compensation to people who have been injured by vaccines.

All three COVID-19 vaccines fall under the Countermeasures Injury Compensation Program (CICP), which covers vaccinations or other measures recommended to treat a declared pandemic or epidemic. The COVID-19 pandemic was declared in March 2020. The CICP also covers vaccines for public health threats like Ebola, Zika, influenza A and more.

Not only the injured vaccine recipient but also their survivors are potentially eligible to file CICP claims. The CICP is a payer of last resort, meaning it compensates people only for expenses that are not paid by health insurance, the VA or other third-party payers.

To file a CICP claim, the first step is to submit a Request for Benefits package within one year of the date you or a deceased family member received the vaccine. All filing information and instructions are available on the HRSA website.

Injuries from other vaccines are generally covered not by the CICP but by the Vaccine Injury Compensation Program (VICP). The VICP compensates people who can prove they were injured by a number of common vaccines, which include:

• Diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, Td, or TT)
• Hepatitis A or B
• HPV
• Measles, mumps, rubella (MMR)
• Polio
• Various combinations of vaccines

Petitions for VICP compensation can be filed by the injured person, by their parent or guardian or by the estate representative of a deceased person. Generally, the petition must be filed with the U.S. Court of Federal Claims within three years after symptoms first appear or within two years of a vaccine recipient’s death.

Whether you are filing a claim with the CICP or VICP, it is a good idea to speak with a personal injury attorney first. While you can initiate the process yourself, it is easy to miss deadlines or skip steps, which could lead to the dismissal of your claim. An attorney familiar with the procedural requirements can help maximize the chances of success.

The lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. are familiar with both the CICP and VICP programs and would be happy to speak with you and provide guidance on your potential claim. Call 203-745-0942 or contact us online for a consultation at our Hamden or East Haven office.