The National Vaccine Injury Compensation Program (VICP) provides financial compensation to qualifying individuals who are diagnosed with injuries linked to certain vaccines. These “covered” vaccines are listed on the Vaccine Injury Table.
The Health Resources & Services Administration (HRSA) has released an updated Vaccine Injury Table for 2022. So, what’s new? Vaccine lawyer Leah V. Durant explains:
New Vaccines Recommended for Pregnant Women Added to Vaccine Injury Table
The revised Vaccine Injury Table only includes one significant revision to the prior version. Under the revised Vaccine Injury Table, vaccines covered under the VICP now include “[a]ny new vaccine recommended by the Centers for Disease Control and Prevention for routine administration to . . . pregnant women, after publication by the Secretary [of the U.S. Department of Health and Human Services] of a notice of coverage.” This applies specifically to the following injuries:
- Shoulder injuries related to vaccine administration (SIRVA) with symptoms onsetting within 48 hours of vaccination; and,
- Vasovagal syncope with symptoms onsetting within one hour of vaccination.
The table previously provided this automatic coverage for new vaccines recommended for children only. Under the revised Vaccine Injury Table, new vaccines recommended for pregnant women are now automatically covered as well.
There are a few important points to note about the revision:
1. The Revision Only Applies to Vaccines Recommended for “Routine Administration”
As noted in the quote above, the revision applies only to vaccines that the Centers for Disease Control and Prevention (CDC) newly recommend for “routine administration” to pregnant women. At present, the COVID-19 vaccines do not fall into this category. The COVID-19 vaccines are currently recommended pursuant to an emergency use authorization (EUA); and, as such, they are not “covered” vaccines under the VICP.
2. “Off Table” Injuries May Also Be Covered
In addition to the injuries and illnesses listed on the Vaccine Injury Table, other injuries and illnesses may also qualify vaccine recipients for financial compensation. While the VICP only pays compensation to individuals who receive “covered” vaccines, it pays compensation for both “on table” and “off table” injuries. The key distinction between “on table” and “off table” injuries is that “on table” injuries are presumed to be vaccine-related, while individuals seeking compensation for “off table” injuries must be able to prove causation.
3. The HRSA Can Include Additional Vaccines for All Patients By Amendment
In addition to providing automatic coverage for newly-recommended vaccines, the HRSA also has the authority to add new vaccines to the Vaccine Injury Table by amendment. As a result, it is possible that future recommended vaccines could be covered for all recipients — not just children and pregnant women. While the HRSA has not added any new vaccines to the Vaccine Injury Table in recent years, it has added new “on table” injuries in its prior most-recent revisions.
Do You Have a VICP Claim? Contact Vaccine Lawyer Leah V. Durant
If you have questions about whether your vaccine-related injury or illness is covered under the VICP, we encourage you to contact us for a free, no-obligation consultation. Please call 202-800-1711 or get in touch with us online to schedule an appointment with vaccine lawyer Leah V. Durant today.
Leah Durant Bio
Experienced litigation attorney Leah Durant focuses on representing clients in complex vaccine litigation matters. Leah Durant is the owner and principal attorney of the Law Offices of Leah V. Durant, PLLC, a litigation firm based in Washington, DC. Leah Durant and her staff represent clients and their families who suffer from vaccine-related injuries, adverse vaccine reactions and vaccine-related deaths. The Law Offices of Leah V. Durant, PLLC is dedicated to assisting individuals in recovering the highest level of compensation as quickly and efficiently as possible. To learn more, contact vaccine attorney Leah Durant today.