Vaccine Lawyer

Category: COVID

  • The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    The Vaccine Injury Table to Include Shoulder Injury Will Eradicate a ‘Trump Era” Rule

    On April 22, 2021, the National Vaccine Injury Compensation Program (VICP) reversed a rule set by the Trump administration back in January 2021. A shoulder injury is now included on the Vaccine Injury Compensation Table. The most common vaccine injury cases C&J secures are shoulder injuries. The only three (3) attorneys in the state of Utah certified in Vaccine Injury Law and they all work at C&J. Dave Richards, Tanner Lenart & Jeffrey Enquist are experienced lawyers and handle vaccine injury cases at no cost to you. Anyone who has received a covered vaccine and was injured by a vaccine can file a petition. For more information on the firm’s vaccine injury service, please call 801-323-5000.

     

    The Department of Health and Human Services Federal Register states, “This action rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021, Final Rule).”

    Details on the reversed rule:

    The National Vaccine Injury Compensation Program: Rescission of Revisions to the Vaccine Injury Table Final Rule, which was published in the Federal Register on April 22, 2021, rescinds in its entirety the rule entitled “National Vaccine Injury Compensation Program: Revisions to the Vaccine Injury Table,” published in the Federal Register on January 21, 2021 (January 21, 2021 Final Rule). As of April 22, 2021, the January 21, 2021 Final Rule is withdrawn.

     

  • COVID Vaccine Reaction Not in Injury Compensation Program

    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 Vaccine Lawyer, Dave Richards.

    Although there is a plan to add the COVID vaccine to the NVICP, the process is federal and lengthy.

    Dr. Cody 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. 

    “A request for benefits for an alleged injury must be submitted to CICP within 1 year from the date of the event,” according to Dr. Meissner.

    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