Covid Driving a Runaway Train of US Vaccine Compensation Programs
By Wayne Rohde
That phrase could be used for so many different scenarios. But one of the most extreme and dangerous scenarios is being played out right now. How our Government is plowing full speed ahead without any concern for the collateral damage it will cause in its quest to provide a COVID vaccine.
I am not going to talk about the science of the vaccines. That is being discussed so many other places.
I want to discuss how our Government is setting up the existing compensation programs for vaccine injury to fail, thus denying any type of future compensation for those who are injured because of the COVID vaccine and possible future new vaccines.
The COVID vaccine is on track to be released first to a designated group of health care workers and residents of senior living facilities. Then as more of the vaccine becomes available, then high-risk candidates due to their medical condition, and finally the general public. This might take 6 months or longer.
And we are starting to read a growing number of medical organizations are saying no. Same for first responders. No one is defending our seniors. And that is a tragedy.
But what happens to anyone that is injured from a COVID vaccine? Their options seeking compensation are extremely limited. The CounterMeasures Injury Compensation Program (CICP) is your only option. It is not equitable, not efficient from the petitioner’s point of view, and it is not fair. It is extremely difficult to prevail. Currently 8% of all petitioners since 2010 have been awarded compensation. It has been said, “the CICP is a program where you have the right to file and loose.”
I wrote about the CICP last month, “Why injuries suffered from the COVID-19 vaccines need to be litigated in the NVICP.”
The program does not provide reimbursement for legal representation or medical expert fees. The vast majority of us will not be able to afford these fees, generally ranging between $25,000 for shoulder injuries in the NVICP to $250,000 and up for more complex and protracted cases.
The program does not award pain & suffering awards. In the NVICP, this benefit can be awarded up to max of $250,000.
The program does pay for lost wages. However, future lost wages issue has not been settled. The CICP does pay for unreimbursed medical expenses. What is unclear is whether or not the program will pay for lifelong care.
In the CICP, there is no trust fund established by a levy or tax on the countermeasure. Just appropriations by Congress that are not public information.
In the NVICP, you can appeal to a higher court. In the CICP, there is no judicial appeal. You are actually asking the Sec’y of HHS to reconsider the decision. You are asking the same department who denied your claim initially to reconsider. Sounds fair.
And one of the most hideous elements of the CICP is this. They are the payer of last resort. What that means, they will wait to see any private insurance coverage or life insurance pays first, then Medicaid/Medicare and Social Security disability, then the CICP.
So, if your loved one dies because of a countermeasure device, medication, medical treatment or covered vaccine and the estate receives a compensable decision of $250,000 in death benefits. The estate receives a check for that amount, correct? Wrong. Private life insurance pays first, say $200,000. The check received would be only $50,000 or less if there are other benefits awarded to the deceased before CICP pays.
HRSA is the administrator of the program. And they are very foggy with their answers to questions regarding types of awards. I have been filing FOIA’s for over 8 years asking for all case decisions with personal information redacted. They have refused. Hiding behind the answer that the CICP is an administrative function, not a judicial legal proceeding. Thus, they are not required to provide to the public this information.
When asked in the recent ACCV meeting about funding, the representative provided an answer of “funding for future COVID petitions has already been appropriated by Congress.” The CARES Act (passed March 27 2020) allocated money. So, they knew they would be paying out damage awards before any type of development of a vaccine was announced and other COVID related countermeasures were approved.
When asked if there were any petitions already received for COVID, the answer was yes. But not for the vaccine, but rather for other countermeasures used to provide care for patients. When pressed for more specifics, the answer is “we are working with the HRSA FOIA office to determine what information can be provided.”
I have received that answer for the last 8 years. It appears that Sec’y of HHS and HRSA will not provide any specific information. Never.
Our Government is spending a lot of time and effort to convince the public that the COVID vaccines are safe. We have past presidents lining up to receive the vaccine. Reminds me of when President Gerald Ford received a Swine Flu vaccine in the Oval Office back in the fall of 1976. And we all know the disaster of that experimental vaccine and the embarrassment of the disclosure the CDC lied to Congress, to the President and worst of all, the American public.
If they want to provide some confidence to the public, why don’t they disclose what is actually happening with injuries? By keeping it in the dark, the public will think it is safe. And then news of injures will eventually come out and public confidence will nosedive. And now we are seeing media and our government diverting discussion of vaccine safety by calling it “misinformation.”
Another question posed to the HRSA representative today was asking about whether or not the CICP information will be printed on the VIS statement. You will not believe the answer. “That has not been determined.” No public awareness for those who are injured by a countermeasure. Keeps things tidy, don’t you think?
And another ongoing effort by the Sec’y of HHS is to strip Section 17 out of the NVICP. This section deals with the allowing the CDC and other scientific communities to decide which vaccines should be added to the Vaccine Program. If ACIP approves a vaccine for routine administration, The Secretary shall add the vaccine to the NVICP within 2 years. Without Section 17, any approved vaccines might not have any compensable mechanism afforded to them for injuries.
In March 2020, the Sec’y of HHS quietly issues a NPRM to modify the Injury Table of the Vaccine Program to remove SIRVA (shoulder injury) and Syncope (fainting). The ACCV, in May, voted unanimously to reject the Secretary’s proposal. While the nation was so consumed with COVID, was this a chance to take advantage of the distraction? At the time, maybe.
But then in July the Secretary of HHS doubles down on his efforts and forwards another NPRM to remove SIRVA, Syncope and Section 17. Included is a hard deadline for all public comment set for January 12, 2021.
Michael Milmoe, former DOJ attorney representing Sec’y of HHS since the beginning of the Program, and now representing injured clients, stated in his testimony in the ACCV meeting, “In the entire 34 year history of the Program the Secretary has never moved forward with changes to the Table without first obtaining the approval, the buy-in if you will of this Commission—that is until now.”
If the Sec’y of HHS is successful in adding this rule, then it is conceivable that any new vaccines approved by the CDC will have injury petitions adjudicated in the CICP where the public is not allowed to review and see how their tax dollars are spent.
Milmoe continues “If at the end of the day, the scientists recommend that COVID-19 vaccines be recommended for routine use in children, all COVID-19 cases should be covered by the Vaccine Program. Not the CICP. The proposed Rule give the Secretary the sole discretion to make that decision, and from a scientific and policy standpoint, that is very unwise.”
Imagine if several other childhood vaccine injuries being removed from The Program and forcing parents to fight it out in the CounterMeasures Injury Compensation Program.
I believe that this is a real possibility. And a possibility that is gaining steam and extremely difficult to stop.
Wayne Rohde, author of The Vaccine Court-The Dark Truth of America’s Vaccine Injury Compensation Program and The Vaccine Court 2.0 (to be released early 2021) and host of podcast RightOnPoint.online discussing legal issues of The PREP Act, The NVICP, and legalities surrounding CounterMeasures Injury Comp Program and COVID vaccine.
I am posting the comment below in a few different comments sections, in hopes that AoA readers will happen upon it.
We at AoA know all too well of the false paradigms and supporting propaganda that engulf our airwaves, schools, universities, doctors' offices, even our grocery stores. An example of one such false paradigm backed by seemingly-endless propaganda is that humans need vaccinations to be remain alive, that vaccines are nothing but safe and effective, that any information to the contrary must be censored, and that those who question, challenge, or expose the paradigm as flawed and/or fraudulent must be marginalized, maligned, penalized, and perhaps permanently silenced/eliminated.
Yet, our understanding of the existence of false paradigms and associated propaganda results in an intense compulsion to expose all that is deceptive, fraudulent, and evil in intent.
To that end, I highly recommend the new book "The Contagion Myth: Why Viruses, Including 'Coronavirus', Are Not the Cause of Disease", by Thomas Cowan, MD, and Sally Fallon Morell. This new book brilliantly challenges the "contagion" paradigm and resultant propaganda, which we are all now living through.
To read the book's description, and/or to order it, click here:
https://www.simonandschuster.com/books/The-Contagion-Myth/Thomas-S-Cowan/9781510764620
The fact that Amazon has banned its sale should make it of further interest to discerning and enlightened AoA readers.
Posted by: Laura Hayes | December 13, 2020 at 11:49 AM
CHRISTMAS JUBILEE!
Dave Ramsey's company pays off $10 million in debt for 8,000 people
Done to 'show the love of Jesus' to those in financial trouble
"Ramsey's company, Ramsey Solutions, purchased $10 million in medical and automobile debt from two private debt collection companies simply "in order to forgive it," Ramsey Solutions said in a press release."
https://www.wnd.com/2020/12/dave-ramseys-company-pays-off-10-million-debt-8000-people/
Posted by: Emmaphiladelphia | December 13, 2020 at 12:36 AM
@Michael
Emmaphiladelphia is a pen name. It is the first and middle name of one of my ancestors who was born in Philadelphia in 1776. Her father signed the Declaration of Independence and her grandfather was second president of the Continental Congress.
Posted by: Emmaphiladelphia | December 12, 2020 at 08:04 PM
Emma, Two things. First, Regarding you can't make this up.....
It makes perfect sense. No one would want the frail to die before they're vaccinated. Its always better to die after you're vaccinated.
Second, How did you get the last name Philadelphia?
Posted by: michael | December 12, 2020 at 11:17 AM
Cia
You keep on saying the same thing and the answer is “No!” The products should not be licensed, they are not safe, the manufacturers are protected, and the public is being led a dance. And it’s our governments who have dangled the carrot. There is something very wrong with this. If we could dispense with the regulator and protection for the manufacturer, it would be up to a liable manufacture to produce a product which worked and was safe, and for members of the public to decide whether to believe them - but this is not the position. This conversation is getting redundant but you are completely wrong. I have no more to say.
Posted by: John Stone | December 12, 2020 at 07:59 AM
Doctor pleads for NIH review of antiviral Ivermectin. Claims huge amounts of evidence that if you take it, you don't get Covid.
VERY COMPELLING TESTIMONY!
https://www.youtube.com/watch?v=Tq8SXOBy-4w
Posted by: Emmaphiladelphia | December 12, 2020 at 04:45 AM
I’m praying right along with you, Benedetta. I watch as gullible friends and family who know nothing of the vaccine issues (no liability for vaccine manufacturers...) name call and try and shame anyone who questions. Apparently Canada has just decided to have a no-fault vaccine injury system. Curious timing, n’est-ce pas?
Posted by: For Benedetta | December 11, 2020 at 08:00 PM
YOU CAN'T MAKE THIS UP:
CNN: ‘Don’t Be Alarmed’ if People Start Dying After Taking the Vaccine
“That won’t necessarily have anything to do with the vaccine.”
"“One of the things we want to make sure people understand is that they should not be unnecessarily alarmed if there are reports, once we start vaccinating, of someone or multiple people dying within a day or two of their vaccination who are residents of a long-term care facility. That would be something we would expect, as a normal occurrence, because people die frequently in nursing homes.”
https://summit.news/2020/12/08/cnn-dont-be-alarmed-if-people-start-dying-after-taking-the-vaccine/
They will be killing our elderly. OPT THEM OUT OF THE VACCINE!
Posted by: Emmaphiladelphia | December 11, 2020 at 07:31 PM
Hera,
I couldn’t post on the other article. I don’t know any details about the health care workers. But I think everyone knows Covid is new, about a year old, and the vaccine is new. I assume that most people know that the mRNA product is a new technology, but maybe not. The twenty to thirty percent of Americans who want to see how it works out in others before taking it themselves are aware of all this, probably nearly everyone is aware, but some are more afraid of the disease than the vaccine and are willing to go first. I don’t think we should assume it’s a reckless, unwise thing to do. Sometimes when I read the death figures I try to imagine a number of them suffering from the disease, imagine the moment they decided to go to the hospital, etc. I can run through ten, twenty, in different countries, and then I try to imagine a million and a half in the world, 250,000 in the US, if that’s correct. I think everyone in the world is doing that to some degree. It’s horrifying.
There are several good reasons that they may have taken it. I read today that a new study found that health care front line workers were at seven times the risk of a serious case of Covid than others, and many young, healthy health care workers have died of it because of the increased viral load they are exposed to. So they may well have wanted to get it because of the increased risk they were at, despite their autoimmune condition. It may be that jobs are hard to come by now, and while I can say that they should have gotten a non-frontline job, maybe they thought the job was too valuable to give up. They may have known their condition made them more likely to react, but may have thought that an anaphylactic reaction, if it were to occur, could usually be successfully treated, as it was.
We are just assuming that they were like innocent, unaware lambs going to the slaughter, but there’s a good chance that that was not the case. Maybe they will be interviewed and we can learn more. They’re giving the product to frontline health care workers and to residents of care homes first because they are the two general groups most at risk of a severe or fatal case of Covid.
I thought about the term betters. We really need more information on these two young men. But when you speak of the disadvantages inherent in adults being illiterate, you are saying that literacy is better than illiteracy, as it is. On a moral plane there may be no superiority, but on a practical level there is.
I’ll bet you there will be interviews and we can learn more about why they volunteered to take the vaccine (vaccine-like product).
Posted by: Cia | December 11, 2020 at 06:35 PM
Robert F. Kennedy Jr. warns: Don’t take a COVID-19 vaccine under any circumstances
" Kennedy: COVID-19 vaccines are a “crime against humanity”
As opposed to older vaccines, many of which can be “detoxified” following injection, mRNA COVID-19 vaccines live on in perpetuity inside the body. The damage they cause, in other words, is forever.
“You will have to live with the consequences because you will no longer be able to be cured simply by removing toxins from the human body,” Kennedy explains, comparing the genetic damage to the type that causes Down syndrome or cystic fibrosis.
mRNA is almost like a continuous vaccine “engine” that repeatedly vaccinates a person for the rest of his or her life. Because of this, there is no way to “fix” or “cure” any problems that arise."
https://www.dcclothesline.com/2020/12/11/robert-f-kennedy-jr-warns-dont-take-a-covid-19-vaccine-under-any-circumstances/
Posted by: Emmaphiladelphia | December 11, 2020 at 06:04 PM
JUST IN:
"mRNA vaccine studies are based on fraud, conceal serious vaccine injuries
The doctors concur that Pfizer’s vaccine studies should be halted until a credible study design can be presented, one that doesn’t falsify data endpoints and one that addresses a host of serious safety concerns. The doctors warn that Pfizer is conflating non-specific symptoms of illness with COVID-19 diagnoses for the control arm while using inaccurate, high cycle PCR tests for a diagnosis. The doctors warn that the vaccine’s efficacy is being contorted because the study design fails to properly diagnose cases of COVID-19 and fails to confirm infection using the Sanger sequencing method. They conclude that risk of disease and potential vaccine benefit cannot be measured or determined with accuracy. They demand a halt to all human experimentation with these mRNA injections."
https://dcdirtylaundry.com/pfizers-vaccine-studies-are-based-on-fraud-and-put-lives-in-danger-warns-former-pfizer-vice-president/
Posted by: Emmaphiladelphia | December 11, 2020 at 05:46 PM
Yikes! A couple of unfortunate typos in my comment.............meta
Posted by: annie | December 11, 2020 at 05:28 PM
Annie,
Since businesses with over fifteen employees legally have to respect medical (like for autoimmune disease) and religious exemptions, and higher authorities are not enacting mandates, I doubt anyone will.
It looks like the proposed stimulus would only be for six hundred dollars, which really wouldn’t help anyone much.
Posted by: Cia | December 11, 2020 at 05:16 PM
There’s a “meta” point I’ve been trying to get the vaccine risk aware community to get loud over. The Democratic Party’s talking point regarding its refusal to sign on to stimulus legislation, is that businesses want liability protections for “Covid related injury and death” thereby harming workers. If companies are required to have their employees vaccinated, and injury or death occurs, will Thais employees be able to hold the companies they work for liable for vaccine injury? If the vaccine risk aware community could get small businesses to ask if THEY will be held Kai all for vaccine injury, it may have a huge ally against Pharma.
Posted by: annie | December 11, 2020 at 02:45 PM
Laura Hayes: I have prayed for decades for justice.
Some how my heart beats with such hate and anger; I pray.
Once it is seen, noted by the world will it make me happy?
No, I guess not. We will still have Ryan hurt and not meeting his wonderful potential, same with all the others. But still there is a part of me that will take satisfaction in knowing those responsible, those that did not care, those that were in control year after year as the population of Ryan - like people increased, are deep in the prison system --
Oh please God, let the sins of Fauci and others be known by all soon.
Posted by: Benedetta | December 11, 2020 at 10:37 AM
file and lose,
Fine article -- just fix that, and know the suggestion is coming from some one that is terrible with syntax, spelling, plural were and was mix-ups and lots more. LOL.
I wonder if this vaccine is going to be free for a while, when first released? Paid for by our government? If so then what about that tax put on each vaccine for those injured? How is that handled?
Posted by: Benedetta | December 11, 2020 at 10:31 AM
In all things Warp Speed manner, I see ACIP has scheduled 2 votes for Sunday Dec 13:
1) Amendment to 2021 Child and Adolescent Immunization Schedule
2) Amendment to 2021 Adult Immunization Schedule
https://www.cdc.gov/vaccines/acip/index.html
watching some of the recent vrbac meeting, it was clear people who stated concerns about a mass inoculation of nursing homes, or 16, 17 yr olds were steamrolled.
what a mess.
Posted by: greyone | December 11, 2020 at 09:25 AM
Some useful background on the PREPA (Public Readiness and Emergency Preparedness Act, which established the Countermeasures Program.
https://en.wikipedia.org/wiki/Public_Readiness_and_Emergency_Preparedness_Act#:~:text=On%20December%2022%2C%20it%20was,a%20vote%20of%2093%E2%80%930.
It was signed into law in 2005 by President Bush. Looks like it had bipartisan support in the House and Senate. Apparently the main driver was (no surprise here) the pharmaceutical industry, which intensively lobbied Congress to pass the Act. The Act also spurred bipartisan opposition, from groups as diverse as ACHAMP, Public Citizen, and Eagle Forum. Senator Edward Kennedy was one of the main voices who spoke out against it.
There is a move afoot to move compensation for COVID injuries into the NVICP, as Wayne Rohde notes. I don't think that ultimately this is the best solution, since NVICP is also a very difficult win.
Congress needs to be educated - not by Pharma - but by the people they represent.
Posted by: Aimee Doyle | December 11, 2020 at 09:24 AM
Wayne,
Thank you for once again exposing what goes on behind the curtain, in the dark, immoral cesspool of all things vaccine-related.
Reminds me of this paragraph from my “Why Is This Legal?” presentation, point #22:
“Why is it legal to silence those who “win” in the VICP via gag orders as a requirement to receive their compensation settlement…as though there is any compensation when vaccines destroy one’s health and development, or take a life? Why would those involved in public health not want every potential vaccine recipient to know the real risks of the invasive medical procedures they are considering, or being forced to permit? Victims who prevail in court in non-vaccine-related lawsuits against pharmaceutical companies are not barred from speaking or from sharing details of their case and compensation. Why is this legal when it comes to vaccine-related cases won in the VICP?”
https://www.ageofautism.com/2018/11/why-is-this-legal-presentation-on-vaccines-by-laura-hayes.html
And also these 2 paragraphs from my “Vaccines: What Is There to Be ‘Pro’ About?” presentation:
“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.”
https://www.ageofautism.com/2016/12/vaccines-what-is-there-to-be-pro-about-laura-hayes-to-weston-a-price-foundation-conference.html
Truth resonates, Wayne, so please keep exposing and speaking it! Thank you for your years of dogged perseverance and many excellent writings.
Posted by: Laura Hayes | December 11, 2020 at 07:42 AM