Vaccine Court: Justice Delayed for COVID Injured?

The U.S. Vaccine Injury Compensation Program (VICP), established in the 1980s, has provided over $5 billion in compensation for vaccine-related injuries. This program utilizes a simplified, no-fault legal process adjudicated by special masters. A 75-cent tax on childhood vaccines funds this initiative, which covers 16 immunizations, including flu and HPV vaccines.

Currently, COVID-19 vaccines are not included in the VICP. Instead, they fall under the Public Readiness and Emergency Preparedness Act (PREP Act) and its Countermeasures Injury Compensation Program (CICP). This program is more restrictive, has a shorter statute of limitations, and does not compensate for pain and suffering.

Despite the CDC deeming COVID-19 vaccines safe and effective, many legal experts argue they should be integrated into the VICP. Doing so would require COVID-19 vaccines to be recommended childhood vaccines, an excise tax to be established, and the vaccine to be added to the Vaccine Injury Table. However, concerns exist about the vaccine court's capacity to handle the significant backlog of COVID-19 claims.

Adding COVID-19 vaccines to the VICP could potentially deter some individuals from vaccination, a concern that has historically accompanied the program. Nevertheless, proponents argue that compensating rare vaccine injuries is crucial for maintaining public trust and ensuring continued vaccination efforts that have historically saved millions of lives.