Originally established in 1986, the National Vaccine Injury Compensation Program (VICP) was designed to compensate individuals who experience adverse effects from vaccines. The program provides a no-fault alternative to traditional lawsuits against vaccine manufacturers or those who administer vaccines. Instead, individuals can file a claim with the VICP for compensation, avoiding the need to go through the often time-consuming and costly litigation process.
Over the years, the VICP has proven to be an essential part of the vaccination program in the United States, providing compensation to individuals who experience vaccine-related injuries. However, the program has faced challenges and criticisms, most notably the overwhelming backlog of current claims and how future vaccines get added to the program. These challenges have led to the proposal of a new bill entitled the Vaccine Injury Compensation Modernization Act of 2021.
### What Would a Modernization of the VICP Program Look Like?
The Vaccine Injury Compensation Modernization Act of 2021 (VICMA) is a timely and significant piece of legislation that was introduced in Congress, and aims to improve the process of compensating individuals who may be injured by vaccines. VICMA seeks to strike a balance between ensuring that those who suffer vaccine-related injuries receive fair compensation and protecting the viability of the National Vaccine Injury Compensation Program for the foreseeable future.
One of the key aspects in modernizing the VICP is ensuring that it can effectively handle the increasing number of claims that are expected as more individuals receive vaccines each year. The Act introduces several key reforms that address some shortcomings of the current system, including improving the efficiency and fairness of the compensation process. To improve the processing of claims, the bill proposes to add additional personnel to handle the significant increase in the number of claims filed each year. Specifically, the number of special masters handling cases would increase from 8 to at least 10. With more personnel to review cases, the expectation is that claims can be handled quicker and more efficiently.
Another significant change is the modernization of compensation payments, as the current program uses outdated caps on awards. VICMA proposes to increase the compensation cap from $250,000 to $600,000 to better reflect current medical costs and inflation. To avoid the need for further adjustments to compensation caps, these amounts will be annually adjusted based on a consumer price index.
Another notable change introduced by VICMA is a proposed expansion of the Vaccine Injury Table – which is a list of known vaccine-related injuries and their corresponding compensation. The expansion would include injuries stemming from vaccines recommended for pandemic response, ensuring that individuals who experience adverse effects from vaccines related to national emergency situations (ex. COVID-19 pandemic) are included in the program. Current law requires the CDC to update the vaccine injury table within two years of recommending a vaccine for routine administration to children. The VICMA proposes that within six months of the CDC recommending a vaccine for routine administration to children, adults, or pregnant women, the vaccine gets added to the Vaccine Injury Table. This proposed change would ensure that if another pandemic would occur, and a new vaccine was created to help prevent the spread of the underlying disease, that proper legal recourse is available under the VICP for those injured by the newly developed vaccine.
Finally, the VICMA seeks to update the timeframe for filing a vaccine injury claim. The act proposes to extend the statute of limitations for filing compensation claims from three to five years. The additional years would provide more time for individuals to realize their injuries or illnesses and pursue compensation.
### Why the Modernization of the VICP is Critical to Good Public Health
Overall, the modernization of the VICP is an important step in ensuring that individuals who experience vaccine-related injuries are adequately compensated and that claims are handled more efficiently. By increasing the timeframe for claims, allocating more special masters to review and handle claims, and expanding the types of injuries that are eligible for compensation, the program can better serve the needs of individuals in the face of new and emerging vaccines. With the ongoing efforts to update and improve the VICP, individuals can have confidence that there is a system in place to provide assistance if they experience a vaccine-related injury.
By updating and modernizing the compensation program, the Act seeks to address many of the existing criticisms and shortcomings of the VICP. These changes will not only benefit victims of vaccine injuries but also help maintain public confidence in vaccination programs, thereby supporting public health efforts.
### When Can We Expect Updates to the VICP to Occur?
Unfortunately, Congress has failed to pass the Vaccine Injury Compensation Modernization Act of 2021, although re-introduction of the bill is expected soon. To get the latest news and updates on the status of the Vaccine Injury Compensation Modernization Act of 2021 and its progress, follow our social accounts on [Facebook](https://www.facebook.com/GreenLegalTeam) and [LinkedIn](https://www.linkedin.com/company/the-green-firm/).
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