Covid 19 Vaccine Injuries Deserve Litigation in the National Vaccine Injury Compensation Program
Why injuries suffered from the COVID-19 vaccines need to be litigated in the NVICP
By Wayne Rohde
There is a lot of speculation on where any injuries or death suffered by the American public will be adjudicated once COVID-19 vaccines are approved and distributed. There are two specific and distinctive federal programs that compensate for vaccine injury or death.
The first, the more commonly known of the two, the National Vaccine Injury Compensation Program (NVICP) and the second, a more secretive program called the CounterMeasures Injury Compensation Program (CICP).
The NVICP provides compensation for the approved vaccines for children and adults that are recommended for normal vaccination. The CDC via the Advisory Committee on Immunization Practices (ACIP) will approve a vaccine for administration for children or adults or both. The Secretary of HHS must announce the intent to add the vaccine to the schedule and allow public comment on the addition. Congress weighs in to add a $0.75 if it is a new class of vaccines.
The Federal Court of Claims will adjudicate the petition for any injury or death. The petitioner can appeal to a higher court, all the way up to the Supreme Court if able.
The CICP is entirely different and very problematic.
In the aftermath of the Sept. 11, 2001 terrorist attacks, Congress created the CounterMeasures program to speed compensation to people injured from drugs, vaccines, and devices developed in response to pandemics and national security events. Those included biological warfare and radiation poisoning. A few of the vaccines in that category are for anthrax, ebola, and zika.
The CICP is designed to handle pandemic or other health emergency countermeasures as declared by the Secretary of HHS. And will be the likely landing spot initially for any injuries or deaths alleged as a result of receiving a COVID-19 vaccine.
The CICP is considered the black hole. And for good reason. I will give you several.
First, the CICP does not allow the petitioner to seek reimbursement of attorney fees not medical expert costs. In the NVICP, these costs are reimbursable even when the petitioner loses as long as the initial claim was shown to have a reasonable basis. These costs can run on average of $35,000 to $75,000 and as high as $300,000. I doubt if many petitioners can afford this cost out of their own pocket. So you are basically on your own. Just you and the Sec’y of HHS.
A second reason is when you submit your petition, copies of your medical records need to be included. And that is all. In the NVICP, generally your attorney will also submit research studies, expert reports to support your claim. Not so in the CICP.
A third reason. If you are one of the very few who have been compensated in the CICP (8%), there is no award for pain & suffering. No award for loss of future wages. There is in the NVICP, up to $250,000 for pain & suffering. Currently, nearly 74% of all claims are compensated in the NVICP, granted the vast majority are influenza vaccines administered to adults claiming shoulder injury or GBS.
A forth reason. There is no judicial appeal process. No higher court to appeal. In the CICP, the appeal process is limited to appealing to the Sec’y of HHS who determined the fate of your petition in the first place.
Renee Gentry, a Washington DC based attorney who practices in the NVICP, was quoted on my podcast Right on Point, with the following: “In the CICP, you have the right to file a petition and lose.” Think about that.
You can listen to the entire podcast with Renee Gentry, Peter Meyers and myself discussing the CICP. The episode will be released Tuesday prior to Thanksgiving. Sorry to spoil your family gathering and Turkey Dinner. But it might be better to listen than participate in a family discussion of politics at the dinner table. Check it out, www.RightOnPoint.online. Sign up for additional podcasts.
A fifth reason. The decisions are not public. In the NVICP, the Federal Court of Claims publishes decisions from the Vaccine Court on a daily basis. In the CICP, there is no public disclosure.
A couple of attorneys and myself have been trying to break down the door and place a spotlight on the decisions. My FOIA’s ranging over the last 8 years have been denied. And I am not asking for names, addresses or personal information. I am seeking the decisions, the countermeasure in question and the alleged injuries. That is all. Soon, we will be marching to Federal Court in hopes of having a judge compel HRSA to turn over these documents.
I think the public has a right to know where their tax dollars are being used. Speaking of tax dollars, the entire compensation fund for the CICP is not a set aside account that is funded by a levy on vaccines sold. It is an appropriation from Congress to HRSA to pay out any claims as needed.
In the 10 years of existence of the CICP, we have been able to determine the total payout is approximately $ 5.7 million for 39 claims representing 8% of all petitions filed. Thanks to Peter Meyers and a response to his FOIA filed earlier this.
The problem facing Congress is how to fund the CICP because of the pending several hundred million doses of COVID-19 to be administered over the course of the next year. Just multiplying the estimated doses by the ratio of adverse events in the clinical trials suggests there will be many, many injuries.
The potential volume of people affected “will be too much for some unfunded compensation program,” said Richard Topping, currently chief legal officer of CareSource Management Group Inc., a Dayton, Ohio-based non-profit that’s one of the nation’s largest Medicaid-managed health care plans. Mr. Topping is a former DOJ attorney that represented the Sec’y of HHS in the NVICP.
Another reason why the CICP is a horrible program. The statute of limitations is only 1 year. 365 days only. And the clock runs fast. In the NVICP, you have 3 years for injury and 2 years for death. How many people will develop autoimmune disorders and other medical ailments that might not manifest itself as an injury until it’s too late? And if you have not determined your medical condition was the result of the COVID-19 vaccine until 9 months later, good luck trying to get ALL of your medical records together and filed with your petition with the short time remaining. I believe that the short SOL is designed to only allow injuries that develop within days or a couple of weeks from vaccination. If you develop an autoimmune disorder such as severe asthma or aggravation of an underlying medical condition, you are probably not going to be able to file a petition on time.
Several years ago, there were many petitions originally filed in the NVICP claiming H1N1 vaccine caused a specific medical condition. The NVICP was so backed up, by the time the HRSA staff processed the petition and forwarded to a Special Master, they could only dismiss because the vaccine was not included in the NVICP. And the Statute of Limitations (SOL) already expired for the petitioner to file in the CICP. That is not right, not just. The petitioner was indeed SOL.
There are some arguments to keep the COVID-19 injury petitions in the CICP. Children have been treated horribly in the NVICP regarding their petitions on a whole, have been dismissed. But the treatment or justice they will receive in the CICP is be a lot harsher.
In FY2019, nearly 94% of all compensated claims were adults. The argument can be made the reason for this was the extreme high number of adult claims filed versus petitions submitted on the behalf of children. The number of children petitions have been decreasing for the last 7 years. My data from tracking petitions in the NVICP show the annual number of petitions on behalf of children filed has been decreasing.
What could account for this? How about our government deciding that children who suffer seizures and early onset of epilepsy from DTaP are no longer compensatable. Teens who suffer debilitating disorders from HPV vaccines are rarely compensatable. Parents who babies die just hours after receiving their 2 month old vaccines can no longer bring a claim of SIDS. The courts are making sure the attorneys are not bring these claims forward and refusing to pay for attorney fees and medical costs. Thus, attorneys are now aggressively screening potential clients and turning many of them away.
To keep it in the CICP will be worse for children AND adults than the treatment their claims will receive in the NVICP. Without public disclosure, we will not know what is happening to children and adults who have been harmed by a COVID-19
It appears that the COVID-19 vaccines are here to stay. And probably follow the same course as the H1N1 vaccine. When first introduced, the CICP handled any claims until it was approved to be added into the trivalent flu vaccine which protect against an influenza A (H1N1) virus, an influenza A (H3N2) virus and one influenza B virus.
So if COVID-19 will become a standard vaccine for the American public, it makes more sense to have the vaccine be added to the NVICP as soon as possible.
The public needs to know what injuries are occurring as the result of any COVID-19 vaccine.
Wayne Rohde
Author of The Vaccine Court – The Dark Truth to America’s Vaccine Injury Compensation Program and The Vaccine Court 2.0 (release date Jan 19, 2021) www.thevaccinecourt.com
Host of Right on Point podcast – a candid legal discussion of the PREP Act, CounterMeasures Injury Comp Program, The Vaccine Court, and legal issues surrounding the COVID-19 vaccine. www.rightonpoint.online
Remember our antivaxxer, mask burning, Brooklyn Hasidics?
Well, they recently had a MEGA indoor multi-wedding secret event in violation of the dictats of Mayor de Blasio. Evidently they got busted to the tune of a $15,000 fine.
But no worry. The good Christians at Trunews gave a $15,000 donation to the Yetev Lev temple to offset the fine. WE NEED TO STICK TOGETHER!
https://www.trunews.com/stream/trunews-pays-brooklyn-synagogue-15-000-covid-fine
Posted by: Emmaphiladelphia | November 24, 2020 at 10:18 PM
go trump you already have the package insert ,its a double sided blank piece of paper sitting beside your printer thats all the evidence from all the studies done.Everyone has a copy.
Pharma For Prison
MMR RIP
Posted by: Angus Files | November 24, 2020 at 05:57 PM
Any idea when the package insert labels will be available for these new CV19 vaccine products ?
Side effects look to be interesting.
Posted by: go Trump | November 24, 2020 at 01:41 PM
RESIST THE VACCINE!
Kanye West says coronavirus vaccines are the MARK OF THE BEAST.
https://www.yahoo.com/entertainment/kanye-west-says-coronavirus-vaccines-073143081.html
Dr. Faust-i "says vaccinating people who disregard Covid as ‘fake news’ could be ‘a real problem’"
"Fauci has reiterated that it will be a challenge to convince some Americans to receive a coronavirus vaccine. A new Gallup poll released Tuesday found that 58% of surveyed adults said they would get vaccinated once it’s available. While that’s an increase from findings in September, it’s still lower than the 66% who said they would get inoculated earlier in the pandemic.
“If we have an effective vaccine and 50% of the people don’t take it, you still have a considerable public health challenge,” Fauci said Tuesday at the DealBook conference."
https://www.cnbc.com/2020/11/19/coronavirus-dr-fauci-says-vaccinating-people-who-disregard-covid-as-fake-news-could-be-a-real-problem-.html
Its time for YOU to be the real problem Faust-i imagines.
KEEP FAUST-I POOR! NO VACCINE!
Posted by: Emmaphiladelphia | November 23, 2020 at 11:20 PM
Here's the current distribution plan:
THEY ARE COMING FOR ELDER CARE FOLKS FIRST:
"The government anticipates having enough doses by the end of December to vaccinate high-risk people, enough for all first responders and healthcare workers by the end of January and to vaccinate all Americans by the end of March to early April, Azar told the Today show on Tuesday."
"Pfizer and BioNTech expect to be able to manufacture 50 million doses and Moderna expects to have 20 million for the U.S. by the end of 2020. The number increases significantly next year with Pfizer and BioNTech expecting to produce up to 1.3 billion doses and Moderna expecting 500 million to 1 billion doses globally by the end of 2021."
https://www.forbes.com/sites/elanagross/2020/11/18/hhs-secretary-azar-coronavirus-vaccine-distribution-could-start-in-weeks/?sh=7ea21e264601
Posted by: Emmaphiladelphia | November 23, 2020 at 09:49 PM
@Wayne
Sadly, I think this is the new normal to replace the 1986 law.
HHS Secretary Alex Azar has total control.
In my opinion, the PREP Act was written to usher in the Great Reset:
It's all laid out here. All the details are not for the citizen's benefit.
Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19
A Notice by the Health and Human Services Department on 03/17/2020
https://www.federalregister.gov/documents/2020/03/17/2020-05484/declaration-under-the-public-readiness-and-emergency-preparedness-act-for-medical-countermeasures
AND the HHS Secretary can amend the Declaration at any time.
Who was responsible for introducing the PREP Act and who helped to get it passed?
This is right up there with the Patriot Act.
I am still unpacking this and I may post more later. All should read it and do the same.
Posted by: Emmaphiladelphia | November 23, 2020 at 09:34 PM
@ Emmaphiladelphia
The current guidance issued in 2020 from Sec'y of HHS suggests once the FDA approves a COVID vaccine, the landing spot for litigating petitions alledging injury or death will be done in the CICP.
The Sec'y of HHS enacted the PREP Act in March 2020 with an expiration of October 2024 unless rescinded by Sec'y of HHS or the President. The Act does not expire with a change in the administration. But the Sec'y of HHS will not answer the following question. When the PREP Act expires in 2024, will these provisions expire as well.????
This could all change if the Sec'y of HHS moves the COVID vaccine to administered similar to the flu vaccine. ACIP would have to approve this as well. Then Congress has to step in and add the $0.75 levy on the vax. I suspect this will happen sometime before 2024. There is some thought to continue to hide injury petitions in the CICP for some time to prevent consumer confidence from falling.
Any anti-virals or other treatments approved by FDA under the EUA umbrella remain covered as well. If there are injuries from those, they would fall into the CICP unless Sec'y of HHS acts differently.
Posted by: Wayne Rohde | November 23, 2020 at 04:36 PM
How can we teach kids not to bully when these manufacturers that rule over their lives are the biggest bullies round the globe?
Posted by: Shell | November 23, 2020 at 03:23 PM
@Wayne
If you read my comment below, the legal question that must be answered is, "Will Operation Warp Speed vaccines be indemnified under CURRENT HHS Secretary declared National Emergency?"
That is all we need to know as they have said publicly that they would not release the vaccines if they are not indemnified. What about the current FDA approved treatments? Do they take presidence, rendering unnecessary any vaccines in the current declared emergency?
Posted by: Emmaphiladelphia | November 23, 2020 at 02:22 PM
Laura,
I understand what you are saying. And I appreciate it.
However, a large segment of the population is walking in the fog and accepting what is given to them.
There will be injuries to them. Many.
I am trying to get more people to understand if these injuries are handled in the CICP, they might be hidden from the public. We all are a better society when our government is transparent.
Just trying to get some sunshine on a part of our government and help sanitize it.
Posted by: Wayne Rohde | November 23, 2020 at 01:50 PM
@Wayne Rohde
This is a timely and pertinent topic for all citizens.
When the outbreak of a deadly "novel" coronavirus in the U.S. was acknowledged, this set off a chain of legal events. The Trump appointed HHS Secretary made a DECLARATION OF EMERGENCY under a specific law code (PREP Act?). This gave the HHS Secretary almost dictatorial powers regarding the government's response. The action opened up the flow of monies for Operation Warp Speed and the decision to develop a "fast" vaccine(s). But the law also includes money for the development of TREATMENTS (Remdesivere). Both are considered "countermeasures."
I remember reading (PREP Act published at Children's Legal Health Defense?) somewhere in the code that if a TREATMENT countermeasure was available (think Hydroxychloraquine, convalescent antibody treatment, Remdesivere) then a vaccine, if developed later, would NOT receive indemnity while the Emergency Declaration is still active. Do you know where the law text of this is? Also, Trump has stated publicly that he used hydroxychloroquine as a treatment (preventative?) and had the FDA approve its use for the TREATMENT of Covid 19. Later, when he went to the hospital with Covid 19, he was given two TREATMENTS for Covid 19, Remdesivere and monoclonal antibodies. He went on public record claiming the antibody treatment CURED him and he was out in just a few days. He also went to the FDA and got emergency approval for a different brand of monoclonal antibodies and it is now available to the public.
All of this took place BEFORE any vaccine has been made available to the public.
The vaccine is no longer needed for this current emergency. We have TREATMENTS. There should be NO government liability protection for Warp Speed vaccines. They lost the "liability" race. These vaccines now fall back into the category of "hopeful vaccine product" and must go through the regular FDA/vaccine approval system. NO ONE CAN FORCE A CITIZEN TO TAKE THESE VACCINES.
The manufacturers have stated that that would not distribute them if they had no liability protection.
A liability free Sars Cov2 vaccine currently only exists in the fantasy world of MAINSTREAM MEDIA!
Posted by: EMMAPHILADELPHIA | November 23, 2020 at 01:35 PM
P.S. I meant to also include that which both Bendetta and greyone included, that once injured by vaccines, you and/or your loved one are on your own...and it is a long, hard journey.
Here are 2 pertinent cut and pastes from my two comprehensive vaccine-related presentations:
1. At 6’4” tall and 180 lbs., Ryan is a boy in a man’s body, with a functioning level of a 4 or 5 year old. He is fully dependent on others and must be supervised and cared for around the clock, without pause. He did not complete high school or go to college. He does not have a driver’s license, and never will. He is not capable of living independently, or earning a living, or even holding down a menial, part-time job. He will not get married or have children. As a matter of fact, he will never even go out on a first date. He was robbed of ever living a typical and independent life because he was poisoned and disabled by vaccines beginning in 1994 and continuing through 1996.
To date, there has been no admittance by his pediatrician or government officials about what was done to him. No government agent has followed up on his vaccine injuries so the same thing won’t happen to other children. Rather, he is one of the unacknowledged, uncounted, uncompensated, ignored, discounted, and publicly-denied victims who make up the ever-increasing epidemic of vaccine-injured persons.
There is indeed an urgent public health crisis sweeping our country and it is not measles, mumps, or chicken pox. It is Vaccine Injury. That is the raging public health crisis facing us today. Vaccine injury is real, and it isn’t rare. Due to an across-the-board denial of this public health crisis, vaccines are now the leading cause of coincidences in the world.
2. Why is it legal for those who manufacture and administer vaccines to be liability-free? To what other product, what other industry, and what other occupation do we afford such protection and indemnification? If doctors and nurses were not liability free, which vaccines would they actually be willing to administer? If pharmaceutical companies were not liability-free, which vaccines would they continue to sell? We gained insight into the latter question in the 1980s. Vaccine-making pharmaceutical companies were losing so many multi-million dollar lawsuits due to the grave harm and deaths their vaccine products were causing that most stopped making and selling vaccines. The 3-4 who wanted to continue then begged and bribed Congress to make them liability-free, and unbelievably, Congress agreed! At the very point in time when Congress should have issued an immediate moratorium on each and every vaccine to get to the bottom of why vaccines were causing so much harm and so many deaths, they instead indemnified those who were making and administering vaccines, essentially giving them the green light to proceed recklessly. The result was an almost immediate tripling of the vaccine schedule for U.S. children, and the simultaneous skyrocketing of illnesses previously extremely rare or virtually unseen in children, including Autism, Type 1 diabetes, seizure disorder, asthma, anaphylactic peanut allergy, speech and language disorders, including a complete lack of speech, juvenile rheumatoid arthritis, transverse myelitis resulting in paralysis, Crohn’s disease, GI disorders, food and environmental allergies of all sorts and of increasing severity, tics, leukemia and other cancers, and more. Why is it legal for any business or any professional to operate with zero liability for their products and actions?
To read or watch one or both of my comprehensive, vaccine-related presentations, each just as relevant and critically important as when I delivered them, click on the links below:
1. https://www.ageofautism.com/2016/12/vaccines-what-is-there-to-be-pro-about-laura-hayes-to-weston-a-price-foundation-conference.html
2. https://www.ageofautism.com/2018/11/why-is-this-legal-presentation-on-vaccines-by-laura-hayes.html
Posted by: Laura Hayes | November 23, 2020 at 11:24 AM
Thanks for your research and efforts.
Hope you have success with the Federal court to get the information on the few claims that were compensated. (only 39!)
Citizens must be advised that they will be on their own when health problems result -BEFORE they take the Covid 19 "Countermeasure", by those administering it.
When an experimental medical procedure is performed on the public, without even that basic piece of informed consent, it invokes the Nazi methodology.
Thanks for the valuable info.
Posted by: greyone | November 23, 2020 at 10:17 AM
So, I take it that we are all on are own. Period. Cause that Vaccination compensation court is --- too tired to go into just how bad it is --- so basically you get injured and you are on your own.
I told my nurse daughter that she is not to take this vaccine. Cause it all comes back on me. I would have to take care of her when she gets sick, so if they let her go on her job--- well she can come back home healthy and help out around the farm and be helpful and not a disabled burden.
Posted by: Benedetta | November 23, 2020 at 09:20 AM
Wayne,
The problem I have with your premise is that it is akin to fighting to retain and/or broaden exemptions for vaccinations. It is the wrong battle.
With regard to exemptions, no one should need to utilize one, as there should be no mandates. With no mandates, there is no need to formally exempt out of any medical treatment or procedure, and a simple “no thank you” should always suffice. Thus, the solution is to permanently and forever eliminate any and all medical mandates, including vaccination mandates.
With regard to vaccine injuries, no special court should be needed, as there should be no removal of liability for those who make or administer vaccinations. The solution is the repeal of the 1986 NCVIA, resulting in the full and immediate return of liability to its rightful owners. (Is there any other part of that Act that is abided by, other than the indemnification part??)
The battles before us remain the same as they have been for quite some time now:
1. Eliminate vaccination mandates, immediately and forever.
2. Fully and immediately restore individual and parental rights with regard to medical and healthcare decision making.
3. Repeal the 1986 Act immediately and return liability to its rightful owners.
4. The above three are likely dependent on banning direct-to-consumer advertising of pharmaceuticals (as such advertising enables Pharma to control mainstream media) and banning pharmaceutical lobbying of legislators (as such lobbying enables Pharma to control both elected officials and the making of laws).
Yes, these battles are daunting and seemingly not winnable. Yet, unless we continue to educate to them, and until we are unwilling to compromise on any of them, we will remain increasingly enslaved to medical tyranny and to the evil ones inflicting it.
I do greatly appreciate your work, Wayne. I just want us to be fighting for that which will end the medical tyranny and resultant Vaccine Holocaust, not for that which will continue to enable and perpetuate them.
Posted by: Laura Hayes | November 23, 2020 at 08:10 AM