Duff: COVID Vaccine Accidents Might Be Coated by Federal Program| Employees Compensation Information

By Michael C. Duff

Monday, December 21, 2020 | 55 | 0 | min read

I fear we could face vaccination violations related to the dispensing of essentially experimental COVID vaccines very soon. I certainly hope it doesn’t happen, but experience is a cruel teacher.

Michael C. Duff

In addition to coverage through potential employee compensation, there is also a federal program that covers precisely these types of injuries: the Countermeasures Injury Compensation Program (CICP).

Unlike injuries caused by more routine vaccinations like the seasonal flu that are covered by the Vaccine Injury Compensation Program, the CICP covers injuries through “countermeasures” called “vaccinations, drugs, devices, or anything else used to diagnose, prevent, or Address a declared pandemic, epidemic, or security threat. “

The federal statements made by the Secretary of the Ministry of Health and Human Services set out the countermeasures covered by the program. Previously, declarations were made for medical countermeasures against COVID-19, Marburg fever, Ebola, nerve agents and certain insecticides, Zika, pandemic, influenza, anthrax, acute radiation syndrome, botulinum toxin and smallpox.

According to the Health Resources and Services Administration (HRSA, an agency of the Department of Health and Human Services), benefits include medical expenses, lost earnings, inheritance benefits, and survivors benefits.

I do not know enough about the program to comment on compensation and similar issues that undoubtedly arise in the interplay of multiple benefits and tort (and the like), although I know that the CICP is the “payer of last resort”. ”

I will recommend injured people I might encounter that they just submit. From the point of view of protecting vulnerable workers, the more arrows there are in the quiver, the better for me. We can do the math later.

For general information on Covered Injuries and Causes, please visit the HRSA page here.

Michael C. Duff is Associate Dean of Student Programs and External Relations and Professor of Law at the University of Wyoming College of Law. This entry was republished with permission from the Blog of Professors for Employee Compensation Law.