Understanding the Vaccine Injury Compensation Modernization Act (HR 5142)

Across the nation, immunizations are the backbone of public health. From virtually eradicating smallpox to helping stem the tide of the COVID-19 pandemic, vaccines and immunizations protect millions of people every year from preventable diseases. However, the reality is that no vaccine is one hundred percent safe for every individual on the planet. In rare cases, vaccines can have side effects, and the Vaccine Injury Compensation Modernization Act stands in the gap.

The legislative team at the Vaccine Injured Petitioners Bar Association, led by Renee Gentry, is actively advocating on the Hill and with congressional senators and representatives on behalf of individuals affected by vaccine injuries to ensure there is legal recourse to those injured by recommended vaccines and to improve the federal compensation programs responsible for such compensation. Whether you are a victim seeking compensation or an attorney engaged in the cause, we are here to support you.

What Provisions Does the Vaccine Injury Compensation Modernization Act Include?

In 2023, the Vaccine Injury Compensation Modernization Act became a game-changer for those dealing with vaccine-related injuries. Every year, around 30,000 cases of adverse vaccine reactions or injuries are reported to the VAERS. When these reactions or injuries occur, victims are entitled to file a petition to the U.S. Court of Federal Claims for compensation. In relation to these cases, this Act offers victims the following provisions:

• Works to address and reduce the case backlog by expanding the number of special masters, or judges for the VICP, and allowing these masters longer terms so that petitions for vaccine injuries can be worked through at a quicker pace.
• Moves all pending COVID-19 vaccination claims from the CICP to the VICP, or the National Vaccine Injury Compensation Program.
• Expedites the claim processing by requiring the Secretary of Health and Human Services, along with the Attorney General, to submit an action plan for budget implementation that can outline the required resources needed to get rid of the current case backlog.
• Provides fair compensation to vaccine injury victims by increasing the cap on all damages based on all inflation increases and works to create an inflation-based formula that can automatically increase this cap as needed in the future.  
• Ensures that all consumers of vaccines have the necessary time to file their claims by increasing the statute of limitations. 
• Expands the kinds of vaccines that are eligible for compensation under the VICP by including all vaccines and injuries recommended by the CDC for adults. 
• Increases the transparency of the VICP by requiring all special masters to create an annual report of their caseloads, the number of pending cases they are dealing with, and the number of hearings they have scheduled, along with the number of days it typically takes for a case to receive a final judgment. 

Vaccine legislation is in constant movement. In 2024 alone, 363 new vaccine-related bills were proposed nationwide. At the VIP Bar Association, whether you are an attorney or an injured victim, we are passionate about ensuring you understand all that you or your client is entitled to under the law. 

How Are COVID-19 Vaccines Now Covered?

Before the proposed Vaccine Injury Compensation Modernization Act was introduced, all COVID-19 vaccine cases were handled by the Countermeasures Injury Compensation Program, or the CICP. One of the major moves of the Act is to move these cases to the VICP’s caseload. The CICP, when compared to the VICP, has proven to be rather ineffective when it comes to handling COVID-19 vaccine-related cases, due to several factors. These factors include:

• No court process. When a case progresses through the CICP, there are no legal appeals or counsel allowed. 
• Limited damages available. The amount of compensation available in cases dealt with by the CICP is extremely low, and there are typically strict limits placed upon the amounts that are available. Additionally, there are no allowances for victims to seek pain and suffering damages, which are a huge part of many vaccine injury-related cases. 
• Strict statute of limitations. Under the CICP, there is a strict and tight statute of limitations that starts the day you or your client receives a vaccination. This means that when this time limit runs out, you cannot seek compensation and can lose out on the justice you deserve for the harm you have suffered.  
• No COVID-19 vaccine injury table. When facing a COVID-19 vaccine injury case with the CICP, there is no available COVID-19 vaccine injury table, meaning that those claiming injuries will face a much higher burden of proof than necessary. They are required to provide medical and scientific evidence to establish a connection between the vaccine they received and the injury they suffered. 
• Lower compensation rates. In the CICP, the claims that have actually been approved are much lower than those approved with the VICP. Additionally, the settlements involved in these cases are typically much lower. For example, as of summer 2024, only 52 Covid-19 claims were deemed eligible for compensation, and yet only 13 have actually received compensation from the CICP. 
• Negative impact on vaccine advocacy. Because the CICP is often more hesitant at awarding compensation, this has resulted in the erosion of public trust, which has then turned and fueled vaccine hesitancy across the country. 

If you have a client injured by a COVID-19 vaccine, it is vital to understand their protections under the Vaccine Injury Compensation Modernization Act. At the Vaccine Injured Petitioners Bar Association, we are here to help you keep up to date and informed of all changes in vaccine legislation. We are also here to help you hire a vaccine injury lawyer if you are a victim.