HRSA Guidance on COVID-19 EUA Vaccines. Correspondence received by NVIC on August 26, 2021 from the U.S. Health Resources & Services Administration (HRSA), which administers both the federal Vaccine Injury Compensation Program (VICP) and the Countermeasures Injury Compensation Program (CICP), states:
"Your question relates to which Program provides coverage, the CICP or the Vaccine Injury Compensation Program (VICP), for injuries alleged to have been caused by the newly licensed Pfizer COVID-19 vaccine.
As noted, the COVID-19 vaccines currently authorized through Food and Drug Administration (FDA) Emergency Use Authorizations or approved by the FDA are covered countermeasures under the Public Readiness and Emergency Preparedness Act and, therefore, individuals who allege injury as a result of the administration or use of such vaccines are eligible to apply for benefits under the CICP. Full FDA approval of the Pfizer COVID-19 vaccine does not remove its coverage from the CICP or provide coverage under the VICP."
As of April 20, 2023, all vaccines developed for COVID-19 have been granted EUA status by the FDA and are recognized as "countermeasures". Compensation of vaccine injuries while a vaccine maintains an EUA status will be processed by the CICP. Prior to COVID-19 vaccines, the Anthrax vaccine was authorized under the EUA in 2005.
Vaccine Injury Compensation – EUA Vaccines. Vaccine injuries that occur as a result of an EUA vaccine may be compensated through the Countermeasures Injury Compensation Program (CICP), which differs from the federal Vaccine Injury Compensation Program (VICP). The differences between these compensation programs can be found on the Health and Human Services website (HRSA). For example, CICP is a payer of last resort, has no judicial appeals process, attorney’s fees are not covered, and the U.S. Health and Human Services decide compensation petitions unlike the VICP. These differences make it more difficult to receive compensation from the CICP.
Current CICP data can be found on the Health Resources & Services Administration website.
NVIC does not provide legal advice. We encourage the public to obtain legal advice to further understand and protect their rights and to be informed of any course of action available that may be taken to remedy any violation of these rights.
