News: COVID Vaccine Reaction Not in Injury Compensation Program
// Apr 19, 2021
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:
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.)
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.
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.
Nine Christensen & Jensen Attorneys Named to Utah ‘Legal Elite’
// Mar 18, 2021
Christensen & Jensen is proud to announce 9 attorneys from our firm have been selected for inclusion in the 2021 Utah Legal Elite publication.
Legal Elite honorees are selected by their peers in a statewide balloting process. Active members of the Utah State Bar were invited to vote for Utah peers whom they consider the state’s best lawyers. The business received thousands of votes, and those who received the most votes are listed here, alphabetized within specialty areas.
Christensen & Jensen attorney, Sarah E. Spencer published in DRI For the Defense 2021 February edition
// Feb 19, 2021
Sarah E. Spencer, business development chair and shareholder at Christensen & Jensen, recently wrote an article, Sometimes the “Wrong” Decision Is Still Right, for the DRI published in the February 2021 edition of “For the Defense.”
C&J attorney, Mary Corporon, mentioned in Deseret News article about juror and courtroom members COVID-19 vaccination
// Feb 12, 2021
Mary states that halting trials until March 13, 2020, has significantly affected defendants and has placed the victims' lives on hold. This letter was submitted on behalf of The Utah Association of Criminal Defense. To read the full article click here.