Options for Those Who May Have Adverse Reactions to a COVID-19 Vaccine

As if we don’t have enough health concerns right now, flu season is ramping up. Health experts are urging flu vaccines more than ever, as the combination of threats of flu and COVID-19 could have terrible health implications and could overburden the health care system. Right now, four coronavirus vaccines are in late-stage studies, and even more are in development. There are mixed feelings regarding the COVID-19 vaccination, as the speed in getting it to market has raised concerns about its safety.

All this talk about vaccines begs the question: What happens when someone suffers an unexpected reaction to a shot?

The odds are low that someone will have an adverse reaction to a vaccine, and most people – vaccine lawyers included – usually recommend that you don’t let that small possibility prevent you from getting common vaccines like an annual flu shot. However, amid all this conversation about an impending COVID vaccine, it is worthwhile to look into services available to individuals, just to be informed and prepared. David Carney, a partner at Green & Schafle, LLC who focuses his practice on victims injured by vaccines, wrote a guest post on my blog, The Milestone Press, about the options as he sees them.

There are two government programs related to adverse vaccine reactions. The National Vaccine Injury Compensation Program (NVICP) is funded through an excise tax on each dose of a routine vaccine and protects the manufacturers of the vaccines from liability. In just the last five years, the NVICP has resolved 3,221 claims and paid out $1.05 billion to those injured from certain vaccines like the flu and TDaP vaccines (the shot for tetanus, diphtheria, and whooping cough). Compensation through the NVICP can cover current and future medical expenses and lost wages as well as physical and mental pain and suffering.

The other government program, called the Countermeasures Compensation Program, has provided victims with far less in compensation, and its payouts are less frequent, and limited. According to David, “Congress and the Department of Health Human Services have planned to subject any injuries from a future COVID-19 vaccine to the Countermeasures Injury Compensation Program. However, this program, which has only paid out 39 claims totaling $5.7 million since it began in 2009, is extremely limited in that it fails to compensate for pain and suffering and will not pay for the victims’ attorneys’ fees. The only compensation available to injured victims would be lost wages and unpaid medical expenses.” So essentially, unlike most personal injury lawsuits that result in settlements designed to compensate for a myriad of losses to the victim and his or her family, the Countermeasures program only covers a specific portion of one’s loss. Additionally, it is concerning that there have only been 39 approved claims in the 11 years this program has been in existence. 

David believes that, given that the NVICP is more comprehensive in the damages it can pay for, this program would be a better solution for future injuries from a COVID-19 vaccine because it “... is likely to more fairly evaluate potential COVID-19 injuries and compensate eligible victims. Given the rapid research and development of the COVID-19 vaccinations, it is inevitable that some individuals who receive the vaccine will suffer an adverse reaction. In the middle of a pandemic, Congress and HHS would gain more public trust and confidence if they provided access to the National Vaccine Injury Compensation Program to those who suffer adverse events from the COVID-19 vaccine so that they can be justly compensated.”

As an added benefit, in contrast to the Countermeasures program, all attorneys’ fees and court costs are paid separately from the NVICP, and the law firm involved fronts all the court costs and other expenses, after which the firm is reimbursed by the court at the end of the case. So, for those who need to use the NVICP for compensation, there is nothing to lose financially by getting the help of an experienced lawyer.

Vaccine injury law is a unique area of civil justice, and many people do not know about these government programs or even that they could have a case if they or someone they know has been injured from a vaccine. And while individuals who suffer side effects can file their own claims through the program, there are skilled attorneys like David who can help them navigate the program, the court, and the nuanced legal and medical issues involved. As someone who has worked with many families who have experienced vaccine injuries, I know how critical it is to make sure people are properly cared for and compensated in the rare instance that a vaccine goes wrong. As a COVID-19 vaccine draws nearer, we hope the government puts proper protocol in place.