Medical ethicists say that governments encouraging vaccination have a moral obligation to compensate those experiencing severe reactions
that streamlines the process for qualifying injuries. More complex cases take longer, sometimes dragging out for a decade as the court pores over the evidence to determine whether the vaccine might have caused a given condition.
Unlike VICP, whose coverage includes pain and suffering up to $250,000, CICP compensates only for out-of-pocket medical expenses and lost wages up to $50,000. VICP has open proceedings and judicial appeal, but “none of those rights are available under CICP,” adds Michael Milmoe, a vaccine injury attorney at the law firm of Leah V. Durant, who spent nearly 30 years working in VICP in the Department of Justice.
Adding COVID-19 vaccines to VICP would mean more people getting the compensation they deserve, but it would also compound a problem that’s been festering for years: VICP has been sagging under its own weight with the sheer volume of claims currently in the system. —mostly adults—annually. The program wasn’t designed with adults in mind, but the influenza vaccine’s addition in 2005 led to an explosion of adult claims that now outnumber child cases.. “These are things that didn't come up with kids.”
U.S. Rep. Lloyd Doggett has introduced two bills that would substantially improve vaccine injury compensation, says Gentry, who was consulted on drafting the bills.
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