More than a dozen COVID-19 vaccine injury claims have now been approved by U.S. authorities, but none of the injured have received compensation.
The U.S. Department of Health and Human Services’ Health Resources and Services Administration, which runs the program, did not respond to a request for comment.
In 17 of the cases, a COVID-19 vaccine caused myocarditis, a form of heart inflammation, pericarditis, a related condition, or both. One of the remaining approvals was for severe allergic shock and one was for a type of skin swelling called angioedema.
On its website, the administration says that for claims that have been approved and are pending compensation, officials are either waiting for documentation to determine how much the injured will be paid, or it has already received enough information but has not completed a benefits determination.
“Approving claims but not actually compensating injured people is no different than denying claims,” Renee Gentry, a lawyer who represents some people who have filed claims but have not been approved, told The Epoch Times in an email.
Emergency Authorization Shifts Payments
Most people injured by vaccines in the United States can file claims in the Vaccine Injury Compensation Program, or VICP. The cases are adjudicated in the U.S. Court of Federal Claims, and regularly result in payments. The program was authorized by Congress in the National Childhood Vaccine Injury Act of 1986. That law shielded vaccine manufacturers from liability for most vaccines. The U.S. government makes the payments, and has paid $4.9 billion to VICP applicants through 2021.VICP applicants don’t always have to prove causation. About 60 percent of the compensation was awarded as a result of a settlement between the government and the applicant.
Because they were authorized during a public health emergency, COVID-19 vaccine claims are made to the Countermeasures Injury Compensation Program, or CICP.
There are key differences between the VICP and CICP.
Instead of special masters, the CICP itself decides whether to approve claims. Instead of releasing decisions for public perusal, the CICP decisions are not released, and Freedom of Information Act requests have thus far failed to shed much light on the process. CICP decisions cannot be appealed, unlike VICP.
A narrower set of benefits is also available to people whose claims are approved. For those who survived their injury, they can only receive medical expenses that aren’t reimbursed and up to $50,000 a year in lost income. Family members of dead people may be eligible for survivor death benefits.
“COVID-19 will be added to the VICP. It is not a matter of if but when,” Mark Sadaka, a lawyer who has helped people file COVID-19 vaccine injury claims, told The Epoch Times via email.
Attempts to Improve
Some members of Congress have moved to improve the system.Critics say the CICP needs fixing. Out of more than 8,000 claims of COVID-19 vaccine injury or death, under 100 have been adjudicated. Seventy have been rejected.
“I will work with my colleagues in the 118th to improve this flawed program,” Sen. Cindy Hyde-Smith (R-Miss.), a co-sponsor of the bill, told The Epoch Times in an emailed statement. “It concerns me how a program designed to help takes months and years to answer claims. These people who have been adversely affected deserve to be assisted in a timely and transparent manner.”
Sen. Ron Johnson (R-Wis.) was also a sponsor of the legislation.
“Senator Johnson understands the first step in making sure the vaccine injured are compensated is getting federal agencies and the medical establishment to admit that COVID-19 vaccine injuries are real. Once vaccine injuries are acknowledged, he plans to assess all possible avenues to get support and compensation for the vaccine injured. It is completely unacceptable that the federal government and others imposed mandates and simultaneously refuse to acknowledge and compensate those harmed by them,” Corinne Day, a spokeswoman for the senator, told The Epoch Times in an email.
Pressed during a recent meeting on how long the process is taking, Dr. George Reed Grimes, the official in charge of the Department of Health and Human Services’ Division of Injury Compensation Programs, said that “we wholeheartedly agree that expeditious processing of claims is of paramount importance.”
“We have been processing claims as expeditiously as possible,” he said, “and fully agree that we'll continue that effort moving forward.”