New Bipartisan Legislation to Modernize Vaccine Injury Compensation & Provide Relief to COVID-19 Claimants

Washington, D.C.-Today, House Ways and Means Committee members Representatives Lloyd Doggett (D-TX) and Lloyd Smucker (R-PA), introduced the Vaccine Injury Compensation Modernization Act to provide overdue updates and improvements to the Vaccine Injury Compensation Program (VICP) and allow pending COVID-19 vaccine claimants to seek relief under the VICP.

"Vaccines save lives and are an essential public health tool. In the rarest of instances when a related injury is suffered, compensation for medical bills and related losses should be prompt and reasonable," said Congressman Doggett. "But that has not been happening because of extended delays, outdated compensation caps, and failure to include coverage for COVID-19 vaccines. By making much-needed improvements to assure a prompt and fair response to vaccine-related injuries, this legislation will bolster consumer confidence and help combat misinformation."

"Vaccines remain an important public health tool, but when rare vaccine-related injuries occur, Americans deserve a compensation system that is fair, transparent, and efficient," said Rep. Smucker. "Our legislation strengthens the Vaccine Injury Compensation Program while bringing COVID-19 vaccine claims into the program, so they are handled under the same fair and efficient process as other vaccine injury claims."

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 separate Countermeasures Injury Compensation Program (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 6,745 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:

1. Permit COVID-19, RSV, Shingles, and Dengue vaccine claims to be filed under the VICP.
2. 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.
3. 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.
4. Provide fair compensation by increasing the cap on damages for the first time since 1986.
5. Ensure adequate program resources by increasing the vaccine excise tax for the first time since 1986.
6. Ensure consumers have sufficient time to file claims by increasing the statute of limitations from 3 years to 5 years.
7. 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.
8. Expand the types of vaccines eligible for coverage under the VICP by including vaccines and injuries recommended by the CDC for administration in adults.
9. Ensure all types of CDC recommendations qualify for VICP coverage, including recommendations that may be qualified for certain pre-existing conditions, age groups, or other factors.

A copy of the bill text can be found here.

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