Sen. Cindy Hyde-Smith Blasts HHS Vaccine Compensation Program for ‘Lack of Clarity,’ Slow Pace

Sen. Cindy Hyde-Smith Blasts HHS Vaccine Compensation Program for ‘Lack of Clarity,’ Slow Pace
Sen. Cindy Hyde-Smith (R-Miss.) at an election night party in Jackson, Miss., on Nov. 27, 2018. Jonathan Bachman/Reuters
Joseph Lord
Updated:

During a Senate appropriations subcommittee hearing on May 4, Sen. Cindy Hyde-Smith (R-Miss.) accused Department of Health and Human Services (HHS) Secretary Xavier Becerra of a lack of urgency in compensating Americans harmed by COVID-19 vaccines.

In March, Hyde-Smith joined Sen. Mike Lee (R-Utah) and other Republicans in introducing legislation to offer financial compensation to those who suffered adverse health reactions to the vaccines.

That measure sought to amend the existing Countermeasure Injury Compensation Program (CICP).

The CICP provides compensation for injuries that result from products delivered during certain public health emergencies, specifically for injuries and deaths as a result of “covered countermeasures” under the Public Readiness and Emergency Preparedness Act (PREP Act).

Injuries caused by COVID-19 vaccines are covered under the CICP, but being eligible for compensation doesn’t guarantee that a claimant will receive any assistance.

“It is extremely difficult to obtain awards under the CICP, particularly related to COVID-19 countermeasures,” Hyde-Smith said in the hearing.

Despite the fact that COVID-19 vaccines are covered by the CICP, few claimants have been able to receive compensation for harm caused by any of the vaccines.

As of April 1, 2022, data from the Health Resources Services Administration shows that 7,669 people filed claims with the CICP over damages caused by COVID-19 countermeasures, representing over 90 percent of all claims filed under the CICP program. Of those claims, 4,691 were for damages caused by COVID-19 vaccines specifically.

None of these claimants have received any compensation, public records show.

In the May 4 hearing, Hyde-Smith said Becerra and the HHS were not doing enough to ensure that those damaged by the vaccines received proper compensation.

“I certainly still advocate for the vaccine, and I myself received the vaccine and encourage others to speak with their doctors about receiving it,“ Hyde-Smith said. ”However, as with any new medical product, some people will have side effects. The CICP exists for that very reason. I am very concerned by the amount of time it takes your agency to process claims and the lack of clarity given to these folks who were adversely affected.”

As an example, Hyde-Smith cited the case of pilot Cody Flint, who filed a claim with the CICP after enduring severe side effects from his first in dose of the COVID-19 vaccine in February 2021. Ongoing issues from that reaction have prevented Flint from returning to work.

“For more than a year, Mr. Flint has been painstakingly going through the Countermeasures Injury Compensation Program seeking compensation he may be entitled to based on his experience. I have worked with him to try to navigate this process, and I have been stunned not only by your agency’s lack of urgency in reviewing such claims, many claims, but also by the total lack of transparency throughout the process,” Hyde-Smith said.

“He’s totally lost his income,” she added. “The financial burden is just unbelievable, but the frustration of trying to just get some answers of when something could be done for him for this compensation has been very great.”

In a response to Hyde-Smith, Becerra acknowledged that CICP claims were backlogged, and admitted the need for further transparency in responding to those claims.

“We have heard this story on many occasions. We know that millions have been saved because of the vaccine, but we know many people are still suffering,” Becerra said.

The CICP has in the past been criticized for being overburdened by bureaucracy and a lack of transparency.

“The CICP lacks the protections of the U.S. legal system. There is no transparency, no court, no judge, and no right to appeal. Decisions about compensation are made in a black hole by a nameless administrator,” stated the Maglio Christopher & Toale Law Firm, which specializes in vaccine injury cases.
“This government compensation program is very hard to use,” Dorit Reiss, a professor at the University of California Hastings College of Law, told CNBC in December 2021. “The bar for compensation is very high.”
 Harry Lee, Cindy Drukier, and Mimi Nguyen Ly contributed to this report.