Pending Backlog of COVID-19 Vaccine Injury Claims Could Take 10 Years to Resolve

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While the COVID-19 vaccines—like other CDC-recommended vaccines—are generally considered safe for most people, there is no question that they present risks for some recipients. These include the risk of long-term side effects in some cases. Although individuals who have been diagnosed with complications from COVID-19 vaccines can seek financial compensation under the federal Countermeasures Injury Compensation Program (CICP), this program currently has a substantial backlog that could potentially take a decade (or longer) to resolve. Vaccine lawyer Leah V. Durant explains:

COVID-19 Vaccine Injury Claims Under the Countermeasures Injury Compensation Program (CICP)

The federal government has established two programs that serve as sources of financial compensation for individuals and families who are coping with the effects of  vaccine injuries. These are (i) the National Vaccine Injury Compensation Program (VICP) and (ii) the Countermeasures Injury Compensation Program (CICP). While the VICP covers most CDC-recommended vaccines, COVID-19 vaccines currently fall under the CICP.

Before we talk about the specifics of COVID-19 vaccine injury claims under the CICP, we first need to talk about why the VICP and CICP exist. Before Congress established these programs, seeking financial compensation for a vaccine injury typically involved suing the vaccine manufacturer. This was a resource-intensive process for all parties involved; and, as the Health Resources and Services Administration (HRSA) explains,  substantial verdicts against the vaccine manufacturers “threatened to cause vaccine shortages and reduce vaccination rates.”

As a result, Congress established the VICP and CICP in order to:

  • Make it easier for vaccine recipients and their families to seek financial compensation for vaccine-related injuries and illnesses;
  • Protect the supply of CDC-approved vaccines to the U.S. population; and,
  • Improve nationwide vaccination rates by ensuring that vaccine manufacturers were able to consistently provide enough doses.

Importantly, the CICP applies to other types of emergency countermeasures as well—and this is just the start of the differences between these two programs. Other critical differences between the VICP and the CICP include:

  • Vaccines Covered: The VICP covers all of the vaccines listed on the HRSA’s Vaccine Injury Table—this includes most of the vaccines that the CDC recommends for routine administration to children and adults in the United States. In contrast, the CICP only provides limited-time coverage for vaccines specifically approved during public health emergencies (including the COVID-19 vaccines).
  • Financial Compensation Available: The VICP covers eligible claimants’ present and future medical bills, other expenses, lost earnings, and pain and suffering. However, the CICP only provides “benefits” for unreimbursed medical expenses and lost employment income.
  • Claim Processing Resources and Procedures: The VICP is administered by the HRSA, and claims proceed through the U.S. Court of Federal Claims (which is commonly referred to as the Vaccine Court). There are processes in place that are designed to handle the volume of claims filed under the VICP each year—and, as a result, properly-filed claims are usually processed relatively quickly. However, the CICP is not equipped to handle the vast number of vaccine injury claims that have been filed since the start of the COVID-19 pandemic.

All of this leads us to what Newsweek reported late last year. As the news outlet stated in an article published on December 2, 2024:

“The United States vaccine injury compensation system is grappling with significant challenges in handling claims tied to COVID-19 vaccines. . . . The House Select Subcommittee on the Coronavirus Pandemic warns that without major reforms, clearing the backlog in the Countermeasures Injury Compensation Program (CICP) could take almost 10 years, . . . [as t]he CICP, designed to handle emergencies on a smaller scale, has struggled to adapt to the demands of a global vaccination effort.”

With COVID-19 vaccine injury claims continuing to be filed under the CICP, it could very well be more than 10 years before all pending claims are resolved—and this doesn’t take into account the fact that additional claims will almost certainly be filed throughout the decade to come. To paint an even clearer picture of the problem, here are the most-recent data on COVID-19 vaccine injury claims from the HRSA:

  • Total COVID-19 Vaccine Injury Claims Filed Under the CICP: 14,279
  • Number of COVID-19 Vaccine Injury Claims Currently Pending Review: 9,799
  • Number of COVID-19 Vaccine Injury Claims Compensated Under the CICP: 57

Thus, not only is processing going extremely slowly, but only a tiny fraction of COVID-19 vaccine injury claims filed under the CICP have been successful. Based on the latest data, for every one claim that has been compensated, approximately 75 claims have been denied.

While the House Select Subcommittee on the Coronavirus Pandemic has recommended that COVID-19 vaccine injury claims be transitioned from the CICP to the VICP, this hasn’t happened, and there is no indication that it will happen any time soon (if it happens at all). Add in the fact that the average “benefits” award for COVID-related claims under the CICP is only about $4,000, and many people are understandably struggling to decide what to do.

What Should You Do if You Are Coping with a COVID-19 Vaccine Injury?

With all of this in mind, what should you do if you are struggling to cope with the effects of a COVID-19 vaccine injury? In this scenario, the most important thing you can do is ensure that you are making informed decisions. This applies to both protecting your (or your loved one’s) health and protecting your legal rights.

To ensure that you are making informed decisions about protecting your legal rights, you can (and should) consult with an experienced vaccine lawyer. This costs nothing out of pocket. An experienced vaccine lawyer will be able to help you decide whether to file a CICP claim—which could potentially preserve your ability to seek financial compensation under the VICP in the future—and will be able to take all necessary and appropriate legal action on your behalf.

Schedule a Free, No-Obligation Consultation with Vaccine Lawyer Leah V. Durant

If you need to know more about protecting your legal rights related to a COVID-19 vaccine injury diagnosis, we strongly encourage you to get in touch. To schedule a free, no-obligation consultation with vaccine lawyer Leah V. Durant, please call 202-775-9200 or request an appointment online today.