If you have been injured as a result of getting a vaccine, you may be eligible to receive financial compensation from the government. There are two different compensation programs that are available to you: the VICP and the CICP. Both programs allow you to get compensation for your injury, although there are some differences between them. Understanding VICP vs CICP is important when determining which program applies to your claim.
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Types of Vaccine Injuries
While vaccines are meant to prevent illness, they may have adverse effects on some individuals. Most of these adverse effects are mild, but in some cases, they can be severe. Moderate to severe adverse effects can affect quality of life and may not go away after a few weeks or respond to over-the-counter medication.
Many vaccines cause common side effects like a fever or sore arm. In mild cases, these side effects go away within a few days. A vaccine may also cause an allergic reaction or anaphylaxis if you have an allergy to the ingredients within it. Allergic reactions can range from mild to severe and may even result in death. There is also a risk of seizures in some.
If you have experienced an adverse effect from a vaccine that lasts more than a few days, you may be eligible for compensation through the VICP or the CICP.
What Is the VICP?
The Vaccine Injury Compensation Program (VICP) is a government program that is an alternative to litigation for vaccine injuries. Anyone who has been injured by a covered vaccine is eligible to file a petition, regardless of their age. They can file for themselves or on behalf of a child, disabled adult, or a deceased person.
Not all vaccines are covered by the VICP. Covered vaccines include:
- Diphtheria
- Hepatitis A and B
- Measles
- Polio
- Rubella
- Tetanus
- Seasonal influenza
Since 1988, over 26,951 petitions have been filed with the VICP. In 2024, 314 petitions were filed, with 199 being eligible for compensation and 83 being dismissed.
To receive compensation for a vaccine injury, you must file a vaccine injury claim in court. Your claim will then be sent to the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). Then, an HHS healthcare provider will review your petition and determine whether you can be compensated or not.
The DOJ will put together a report that will be presented at a hearing, where you are allowed to present evidence that will corroborate your case. If it is determined that you are eligible for compensation, a specific amount will be calculated by a special master. If you disagree with the hearing’s decision, you are allowed to appeal.
What Is the CICP?
The Countermeasure Injury Compensation Program (CICP) is a government program that covers compensation for those who have sustained serious injuries or had a loved one die as a result of a government countermeasure. Countermeasures are usually a result of a national public health emergency.
Vaccine countermeasures that are covered under the CICP may include those used in response to the following public health emergencies:
- COVID-19
- Ebola
- Acute Radiation Syndrome
- Zika
- Smallpox
- Anthrax
You can submit a claim for benefits to the HRSA Injury Compensation Program through the mail or online by completing the required forms and providing specific documentation. You must submit the claim within one year of the date you received the vaccine.
After you have submitted everything you need, the medical staff in the CICP will review your case and determine if you are eligible for benefits.
If you are eligible, the CICP will contact you for additional documentation to determine the type and amount of compensation you will receive. If you are ineligible, the CICP will tell you in writing. You can ask for reconsideration if you disagree with their decision.
FAQs
What Is the Difference Between the VICP and the CICP?
The CICP covers compensation for injuries related to vaccine countermeasures caused by public health emergencies, while the VICP covers compensation for injuries related to a broader spectrum of vaccines, not necessarily caused by a public health emergency. You can receive compensation through both programs, but each one covers a different group of vaccines.
What Is the Difference Between the Types of Vaccines?
According to the HHS, there are many kinds of vaccines, but the two most common are inactivated and live-attenuated vaccines. Inactivated vaccines use a killed version of the germ that causes a disease to help the immune system build protection against it. It may not provide 100% immunity, so boosters are required. Live-attenuated vaccines use a weakened form of the germ and create a longer-lasting immunity effect.
Which Vaccines Are Covered by the VICP?
Vaccines that are covered by the VICP include measles, rubella, tetanus, polio, and several others. The VICP’s vaccine injury table outlines each kind of vaccine and the resulting injuries that may be covered. The table also outlines time periods for when symptoms typically begin after vaccination to help determine if the vaccine itself was the cause.
Is the COVID-19 Vaccine Covered Under the VICP?
No, the COVID-19 vaccine is not covered under the VICP. This is because of the nature of the vaccine. It was created as a countermeasure to the COVID-19 pandemic, so it is covered by the CICP. You may be eligible to file a claim with the CICP if you have sustained a serious injury as a result of the COVID-19 vaccine.
Hire a Vaccine Injury Lawyer
If you sustained a vaccine injury, we can help you hire a trusted vaccine injury lawyer to pursue compensation under the VICP or the CICP. If you have a client who has been injured by a vaccine and needs assistance with filing a claim, we can ensure you have the proper information for a successful claim.
The Vaccine Injured Petitioners Bar Association was founded in 2010, and our attorneys represent clients all over the country. We are dedicated to protecting the rights of those who have been injured by a vaccine and providing up-to-date information about vaccine injury laws. Contact us for more information or guidance.