The Countermeasures Injury Compensation Program
What is it?
The Countermeasures Injury Compensation Program (CICP) was established by the Public Readiness and Emergency Preparedness Act of 2005 (PREP Act), 42 U.S.C. § 247d-6e. Countermeasures are vaccines, antivirals, drugs, biologics, or medical devices used to diagnose, prevent, or treat, a declared pandemic, epidemic, or security threat. This Federal program was designed to provide benefits for serious injuries that occur as a result of the administration or use of a covered countermeasure. Some examples of Public Health Threats include:
- COVID-19
- Ebola
- Smallpox
- Anthrax
How does it work?
First the Secretary of Health determines that a specific disease, condition, or threat represents a public health emergency, or the risk of a future public health emergency. In that event, a recommendation can be made by the Secretary for the manufacture, testing, development, distribution, or use of a countermeasure. The covered countermeasure will be distributed under a Federal granted liability protection, meaning the Manufacturer cannot be held liable for any damages caused by the countermeasure. The CICP program consists of:
- A Table List of injuries will be established, these are “On Table” injuries that have been determined to be caused by the countermeasure, and the period of time in which onset of these injuries must occur after administration. A person requesting compensation for a covered injury must establish that a covered injury occurred within the time interval defined.
- Non-Table injuries are any injuries that are not included on the Countermeasures Table. Anyone requesting compensation for a non-table injury must demonstrate that the injury occurred as a direct result of the administration of a countermeasure. Such proof “must be compelling, reliable, valid, with medical and scientific evidence.” Temporal association alone is not sufficient.
Injured parties have ONE YEAR from the date of administration of a countermeasure to file a request for benefits.
An injured party must submit a Request for Benefits form to the CICP, OR a Letter of Intent, within one year of receiving the countermeasure. If a Letter of Intent is filed, must still file Request for Benefits, however a Letter of Intent is sufficient to establish the one year deadline.
