Austin News

Washington, D.C.—On August 4, U.S. Representatives Lloyd Doggett (D-TX) and Lloyd Smucker (R-PA) introduced the Vaccine Injury Compensation Modernization Act to provide much-needed updates and improvements to the Vaccine Injury Compensation Program (VICP) and shift pending COVID-19 vaccine claims from the Countermeasures Injury Compensation Program (CICP) to the VICP. This legislation would override the Administration’s recent announcement that COVID-19 claims will remain in the CICP through December 31, 2024.

“Vaccines save lives, but in the rarest of cases, usually caused by an error in administration rather than the vaccine itself, they involve injury. While strongly disagreeing with the dangerous misinformation spread by anti-vaxxers,” said Rep. Doggett. “I believe that those who suffer rare injuries associated with vaccines, including those to fight COVID-19, should receive prompt, reasonable compensation for medical bills and other losses. The existing program involves unreasonable delays and inadequate redress. Our bill would update the program and correct the unjust decision to have COVID-19 claims considered by a separate, and even more inadequate governmental program. By assuring a prompt and fair response to any related injury, we build confidence in vaccines and reduce hesitancy.”

“Today I am joining my colleague Rep. Lloyd Doggett in introducing the Vaccine Injury Compensation Modernization Act. Constituents of my congressional district have shared with me their stories about adverse reactions they experienced, the devastating daily struggles they face, and the woefully inadequate government response to the very real difficulties they experience every day. For some, the COVID-19 vaccine caused devastating health consequences and it is critical that the reforms included in this legislation are advanced to assist vaccine-injured individuals in my congressional district and across the nation. I am hopeful our legislation will be signed into law and am committed to working with Rep. Doggett and my colleagues to advocate for its passage,” said Rep. Lloyd Smucker (PA-11).

“Given the recent pandemic, it is critical we update our National Vaccine Compensation Program (VICP) to meet future global health challenges. Preparation is key,” said Rep. Kelly. “Established in 1986, the VICP has provided certainty to patients and the medical community alike by ensuring low-cost, lifesaving vaccines are widely available. By modernizing this vital program, more Americans and their loved ones will be protected.”

Established in 1986, the VICP provides a no-fault alternative to the traditional legal system through which consumers can be compensated for rare vaccine-related injuries. The VICP provides necessary protections and certainty for patients, vaccine administrators, and vaccine manufacturers alike, but has not been significantly updated since first established and now has a significant case backlog.

Due to the unique emergency authorizations first granted to COVID-19 vaccines, injury claims were initially filed under the CICP. Despite COVID-19 vaccines receiving full FDA approval and being added to immunization schedules, COVID-19 vaccine claims still remain under the CICP, which has not yet rendered decisions on over 7,700 claims and provided only nominal payouts for the very few approved. Unlike the VICP, the CICP does not offer judicial review and claimants may only recoup medical and work-loss expenses that have not been compensated by other payors. The VICP offers stronger due process protections as well as damages for pain and suffering, though these damages are capped at 1986 levels.

The Vaccine Injury Compensation Modernization Act would:

• Shift pending COVID-19 vaccine claims from the CICP to VICP.
• Reduce case backlog by expanding the number of Special Masters (judges for the VICP) from a ceiling of 8 to a floor of 10 and by permitting Special Masters to serve for multiple terms.
• Expedite claims processing by requiring the Secretary of Health and Human Services and the Attorney General to submit a budget implementation action plan outlining the required resources to eliminate case backlog.
• Increase transparency by requiring the Special Masters to provide an annual report on caseload, number of pending cases and whether hearings have been scheduled, how many days it took for cases to receive a judgment, how many cases received a judgment and the results, and any recommendations regarding the need for more Special Masters.
• Provide fair compensation by increasing the cap on damages to the amount it would be today based on inflation increases and establish an inflation-based formula to automatically increase the cap moving forward.
• Ensure consumers have sufficient time to file claims by increasing the statute of limitations from 3 years to 5 years.
• Expedite the addition of new vaccines to the program by requiring HHS to promulgate rulemaking to add a CDC-recommended vaccine or injury to the injury table within 6 months of a recommendation rather than 2 years.
• Expand the types of vaccines eligible for coverage under the VICP by including vaccines and injuries recommended by the CDC for routine administration in adults.

Endorsements: BIO, National Community Pharmacists Association, American Pharmacists Association, Vaccinate Your Family, and American Association of Justice.

The Vaccine Access Improvement Act, separate legislation introduced by Rep. Doggett and Rep. Mike Kelly (R-PA), would:

• Streamline the application of the 75-cent excise tax on covered-vaccine doses by eliminating the requirement that Congress pass legislation to apply the tax each time a new vaccine is added to the VICP. The tax would now be automatically applied once HHS adds a vaccine to the injury table.

Doggett has championed reform and modernization of the VICP for years, successfully pushing for the withdrawal of a Trump-era rule that would have stripped consumer protections from the VICP. He also previously chaired a Health Subcommittee hearing where Dr. Ashish Jha testified in support of modernizing the VICP and noted its importance in promoting vaccine confidence. Dr. Jha served as the White House COVID-19 Response Coordinator under the Biden Administration and has since returned to his post as Dean of the Brown University School of Public Health.

Original source can be found here.