What options are available, if something goes wrong, following administration of the corona virus vaccine?
Normal route for claim not open
• Normal route applies to vaccines received during a non-emergency situation.
• Normal route allows claims for compensation under VICP (Vaccine Injury Compensation Program), if effects of injury have lasted at least 6 months, or have caused hospitalization, surgery or death.
• As alternative to VICP, those with claim must use CICP (Countermeasures Compensation Program)
The government put such programs in place, because data from the clinical trial had indicated that only a small percentage of those that received the vaccine were apt to suffer any side effects.
As per personal injury lawyer in St John’s, there is a one-year statute for filing all claims after getting the vaccine, but they are of the view that these injuries need to be routed through the National Vaccine Injury Compensation Program that had handled more than 16 routine vaccines.
CICP provides immunity to drug makers, unless same maker has demonstrated willful misconduct.
CICP compensates those that are able to produce valid medical and scientific evidence, supporting an alleged connection that had been made, between the vaccine received and injury sustained.
CICP’s compensation covers cost of medical bills and lost income, but does not cover pain and suffering.
Claim’s filing must take place before stated deadline: no more than 1year after date of vaccination. Unlike claims made under VICP, those made under CICP do not have to show a prolonged (6 month) injury, or a period of hospitalization, or a possible death. This specific provision does not make clear what the deadline would be for someone that had to received 2 or more injections, in order to become fully vaccinated.
The granting of claims gets carried out in the absence of hearings; moreover, no appeals allowed for those that have been denied claim. Despite that expedited approach, the alternative route reflects the thinking of those that had never given thought to a time when widespread administration of vaccines might take place during an emergency.
Would the filing of a medical malpractice claim be an option?
The plaintiff would have to show one of 2 things:
-The vaccine had been given in an incorrect manner, such as by using a non-sterile syringe, or by administering an improper dose.
-The vaccine had not been stored under the proper conditions.
Personal Injury Lawyer in St John’s know that courts would be apt to accept claims of that sort, but the court’s acceptance would not be guaranteed to keep the case free from interference by the government. Any governmental effort to allow for widespread administration of a vaccine would depend on help from doctors and other members of the healthcare industry.