The system for adjudicating and compensating complaints about vaccine-related injuries needs modernization to ensure patients' access to timely compensation and public confidence in vaccines, experts and lawmakers agreed at yesterday’s House Oversight Subcommittee on the Coronavirus Pandemic hearing.
Compensation conundrum: Patients experiencing harmful side effects may receive averages of nearly $500,000 in compensation for vaccines covered under the U.S. Vaccine Injury Compensation Program (VICP). However, COVID-19 vaccines are currently covered by the Countermeasures Injury Compensation Program (CICP), which pays less and offers fewer legal protections, and is less patient centered overall.
COVID-19 vaccines should be covered by VICP to improve vaccine confidence, Renée Gentry of George Washington University Law School testified. Of 12,854 COVID-19 claims submitted to CICP, 11 have been compensated to date. In order for COVID-19 vaccines to be covered by VICP, an excise tax on the manufacturers must be passed by Congress, explained Gentry.
Bipartisan agreement: Ranking Member Raul Ruiz, M.D. (D-CA) and Rep. Mariannette Miller-Meeks, M.D. (R-IA) both asked about the importance of compensation in instilling vaccine confidence and called for faster compensation at appropriate levels.
BIO concurs: COVID-19, respiratory syncytial virus (RSV), and Dengue fever vaccines should be added to VICP to ensure patients who have rare vaccine injuries have the opportunity to be fairly compensated.
How VICP could be modernized: Gentry said VICP, which was established in 1986, is outdated and overwhelmed, with only eight special masters to hear 3,618 open cases. She applauded reform bills such as H.R. 5142, sponsored by Reps. Lloyd Doggett (D-TX) and Lloyd Smucker (R-PA), and H.R. 5143, from Reps. Doggett and Mike Kelly (R-PA), which include important updates to the VICP program.
BIO’s view: "BIO strongly supports the passage of the excise tax to ensure that COVID-19, RSV, and Dengue vaccines are covered in the VICP program, as well as language supporting critical updates to ensure program integrity. Those who choose to be vaccinated and experience rare side effects should have access to a patient-centric program for timely compensation. A patient-friendly VICP program with adequate and timely compensation is critical to public confidence," says Phyllis Arthur, BIO's SVP of Infectious Disease and Emerging Science Policy.