Rolling out vaccines and booster shots across the U.S. marked crucial milestones in terms of healthcare and fighting the spread of COVID-19. However, an essential element is still missing: legal recourse for those who experience serious adverse side effects.

Current COVID-19 Vaccine Injury Claims

Currently, there are more than 1,300 pending injury claims related to side effects from the COVID-19 vaccine. They are waiting to be heard by the Vaccine Injury Compensation Program, a government tribunal that handles public health emergencies.

To date, this tribunal has only handled two such cases. One alleged the plaintiff suffered from severe tongue and throat swelling following the vaccine, while the other alleged long-term shoulder pain. Plaintiffs lost both cases and were denied compensation.

Given the comparatively new nature of the COVID-19 vaccine, it is challenging for plaintiffs to prove that their injuries directly resulted from the vaccine. Combined with the lack of research on long-term side effects, it is unlikely that plaintiffs will be able to meet this burden of proof anytime in the near future.

How COVID-19 Vaccine Injury Claims Are Handled

Of interest is that claims related to the COVID-19 vaccine are being heard by the Countermeasures Injury Compensation Program (CICP) instead of the Vaccine Injury Compensation Program, a no-fault government tribunal; known colloquially as “vaccine court.”

Formed in the late 1980s, the Vaccine Injury Compensation Program responded to diphtheria, pertussis, and tetanus (DPT) vaccine claims. Pharmaceutical companies were listed as defendants in lawsuits related to vaccine side effects. However, the government created a separate entity to handle such cases when manufacturers threatened to stop producing vaccines altogether.

The Centers for Disease Control and Prevention (CDC) clarified that the Vaccine Injury Compensation Program could not hear cases until the COVID-19 vaccine has been recommended for routine administration to children, per a 1986 vaccine law. Additionally, the COVID-19 vaccine would have to be subject to the same 75-cent tax imposed on other vaccines.

Compensation From the CICP

There are several differences between the two tribunals, which plaintiffs claim make the CICP inappropriate for COVID-19 vaccine injury litigation. Of these, compensation is one of the biggest causes for concern.

The Vaccine Injury Compensation Program has awarded injured plaintiffs more than $4 billion since its inception. In comparison, the CICP has only awarded compensation for 29 of 455 cases— that means that 92 percent of plaintiffs are deemed ineligible or denied compensation. Compensation ranged from $31 to nearly $2.3 million, with a median award of roughly $5,600.

This is partly because compensation options from the CICP are much more limited. Plaintiffs can only claim lost wages and out-of-pocket medical expenses up to $50,000 per year or death benefits up to $370,376 in the case of a vaccine-related fatality.

Differences Between Vaccine Injury Compensation Programs

Below are other key differences between the Vaccine Injury Compensation Program and the Countermeasures Injury Compensation Program:

• Plaintiffs do not have the opportunity to testify in court
• There is no independent judge or jury present
• Pain and suffering-related damages are not covered
• There is a limited right to appeal one’s case

This means that plaintiffs who file a case related to injuries allegedly caused by the COVID-19 vaccine are offered less compensation, less legal representation, and less recourse through appeals as opposed to plaintiffs who file a case for injuries caused by any other vaccine. Still, if you are experiencing symptoms related to the COVID-19 vaccine, it may be in your best interest to speak with an injury attorney.