Program Categories | CICP | VICP |
---|---|---|
Program Authorization | Public Readiness and Emergency Preparedness Act (PREP Act) (42 U.S.C. §§ 247d-6d, 247d-6e) |
National Childhood Vaccine Injury Act of 1986, as amended (42 U.S.C. § 300aa-10, et seq.) |
Filing Deadlines | ||
Products Covered | Covered countermeasures are identified by the Secretary of the Department of Health and Human Services (HHS) in declarations published under the PREP Act. |
Vaccines recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to a Federal excise tax, and added to the Vaccine Injury Table by the Secretary of HHS. |
Process for Adding Covered Vaccines/ Countermeasures | Covered countermeasures are identified by the Secretary of HHS in declarations published under the PREP Act. | For a category of vaccines to be covered by the VICP, the category of vaccines must be recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to an excise tax by federal law, and added to the Vaccine Injury Table by the Secretary of Health and Human Services. This has not been done for any U.S. licensed COVID-19 vaccines, which have not been developed to date. |
Type of Injury Covered |
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Benefits Available | Types of Benefits | Types of Compensation |
Payment of Legal Fees and Costs | Attorneys’ fees and costs are not paid by the program. | Attorneys’ fees and costs may be available if certain requirements are met (petition filed in good faith and on a reasonable basis) |
Persons who can file Requests/ Petitions | Types of Eligible Requesters | Who Can File a Petition? |
Process for Filing a Request/Petition | File the Request Form and documentation with the Secretary of HHS. | File petition and documentation with the U.S. Court of Federal Claims and the Secretary of HHS. |
Process for Resolving Requests/ Petitions | Administrative Process | Judicial Process |
Covered Injury Determinations | HHS makes decision. |
Special Masters (or judges) of U.S. of Court of Federal Claims make decision. |
Appeal Rights | One step administrative reconsideration possible. No judicial appeal permitted. | Judicial appeal by either party to higher courts possible. |
Program Funding | Appropriated Funds | Vaccine Injury Compensation Trust Fund funded through excise taxes on covered vaccines. Congress annually appropriates funding from the Trust Fund to the Health Resources and Services Administration (HRSA), Department of Justice, and U.S. Court of Federal Claims to pay their expenses to administer the VICP and to HRSA to compensate VICP claims. |
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