slide
menu
slide
News: COVID Vaccine Reaction Not in Injury Compensation Program
The National Vaccine Injury Compensation Program (NVICP) is a no-fault, no-cost resolution to vaccine injury claims that provides compensation to those found to be physically injured by certain vaccines. The list includes vaccines such as the seasonal influenza vaccine, hepatitis B vaccines, polio, measles, and mumps. However, the NVICP does not include the COVID vaccine.

The COVID vaccine is listed on the Countermeasures Injury Compensation Program (CICP). This list includes vaccines that are recommended to prevent or treat a declared pandemic, epidemic, or security threat. Ebola, SARS, plague, anthrax, and smallpox are included in CICP. "overall, it sounds like a tough program to prevail in, as only 29 of 494 claims have been compensated in the last 10 years," says Dave. Although there is a plan to add the COVID vaccine to the NVICP, the process is federal and lengthy. 

Dr. Meissner's "viewpoint" article dives into the COVID vaccine and how/why it is not included in the NVICP. The article references a self-help guide for people to make PREP (Countermeasures) Act claims. 

Three facts to know about the COVID vaccine and the PREP Act:
  1. Unlike the vaccine program, PREP Act filings do not reimburse attorney’s fees (but Christensen & Jensen would evaluate such a filing if the client was willing to pay an hourly rate.)
  2. PREP Act filings have been largely unsuccessful. According to Meissner, only 494 PREP claims have been filed since 2010 and only 29 were deemed compensable.
  3. PREP filings have a 1-year statute of limitations.  By comparison, the vaccine program provides a 3-year statute for injuries and a 2-year statue for deaths.
Filing for Benefits: https://www.hrsa.gov/cicp/filing-benefits 
Dr. Meissner's article: https://jamanetwork.com/journals/jama/fullarticle/2776308
 
More news stories:
Steve Kelson and Nate Alder presented and served as faculty to the Utah Defense Lawyers Association On November 12, 2021 during its first annual Mediation Academy
read more...
Sarah E. Spencer to Present at ALFA International Complimentary Webinar
Sarah is discussing snap removal and the amendments to FRE 702. It is free but you will need to pre-register.
 
read more...
Tanner S. Lenart Debunks Utah Liquor Law Myths in Park City
Tanner sat down with Darby Doyle, a cocktail historian, to talk about Utah liquor laws and debunk Utah Liquor Law myths. 
 
read more...
Anna Christiansen and Karra Porter Present a Class Action Lawsuit On Behalf of Clients Who Cannot Afford Bail
Attorneys Karra Porter and Anna Christiansen have filed a class-action lawsuit against two judges for unaffordable bail. Southern Utah judges Ann Marie Mciff Allen and Jeremiah Humes were listed as the defendants in the lawsuit. They are being sued for declaratory relief.
read more...
0.09