In 1986 the vaccine manufacturing companies went to the United States federal government to complain that they were being hit with too many lawsuits for vaccine injury and death and that these legal losses were costing them more than they were making on the products. They threatened to stop making vaccines unless they were given liability protection. President Ronald Reagan signed the National Childhood Vaccine Injury Act of 1986 (NCVIA) into law on November 14, 1986 which removed financial liability from the vaccine makers in cases of injury or death as a result of their vaccine products and placed that burden on the government instead. The NCVIA established the National Vaccine and National Vaccine Injury Compensation (VICP) programs. Thus putting our federal government into the vaccine business as a direct partner of the private pharmaceutical industry AND by accepting any financial liability on behalf of their new business partners.
The VICP if funded fully by a .75 tax collected on each vaccine administered. This tax is paid by the consumer and those monies are held in the Vaccine Injury Compensation Trust Fund. This is taxpayer money - it’s your money! The Vaccine Adverse Event Reporting System (VAERS) was established as a system that would allow for tracking these injuries and deaths as well as to be a starting point for victims or their families to register and to begin the process of filing a claim for compensation through the VICP.
Once a victim has filed their VAERS report, they can begin the arduous process of filing a petition with the U.S. Court of Federal Claims for monetary compensation for damages (which are limited to $250,000). This process takes many years and in most cases the federal judges in this court rule against the plaintiffs. It is incredibly difficult to win and to receive compensation in this court. That’s a whole ‘nother subject for another day. Despite the fact that these cases are nearly impossible to win; the VICP has paid out more than $4 billion since its inception in 1990.
The Centers for Disease Control (CDC) Advisory Committee on Immunization Practices (ACIP) meets three times a year and their main objective is to consider newly Food & Drug Administration (FDA) approved vaccine products and to vote on whether to add them to the CDC list of recommended vaccines. Currently the CDC publishes an adult schedule and a child/adolescent schedule. Per the NCVIA, any vaccine which is “routinely administered to children” and which appears on the CDC Recommended Child Immunization Schedule is included in the VICP established under the NCVIA (remember - it’s the childhood vaccine injury act, not the adult vaccine injury act). SO - the liability for injury/death as a result of any of the vaccines that appear on the CDC child schedule falls on the federal government instead of on the manufacturer(s) of the product.
Liability for any injuries/deaths from flu shots fell on the manufacturer(s) of the product(s) prior to the addition of the flu shot to the child schedule on February 27, 2008. Once ACIP voted to include the flu shot and it was officially added to the CDC recommended child immunization schedule, the liability shifted from the manufacturer(s) to our government. And voila, the pharmaceutical companies were off the hook. Incidentally, more than 80% of the petitions that have been paid out by the VICP in recent years were awarded to adults; with the vast majority of those claims being the result of a flu shot.
ALL of the above applies only to FDA approved products. The covid shots currently available in the United States are not FDA approved; rather they are under Emergency Use Authorization (EUA). Therefore none of the above applies to covid shots. YET. The FDA approved a Pfizer covid shot, Comirnaty, which is not available as of this writing. The Pfizer shot that is being administered in the United States is the BioNTech version which is still just under EUA alongside the Moderna and Johnson & Johnson shots. They are hoping that you don’t know the difference between the authorized BioNTech version and the approved Comirnaty. Please stop referring to the Pfizer covid shots as the “Pfizer shot” lumping the two together. Use the correct names “Pfizer BioNTech” when referring to the EUA shot that is currently being given and “Pfizer Comirnaty” when referring to the FDA approved shot that has not yet been released.
The Countermeasures Injury Compensation Program (CICP) was created in 2011 under the PREP Act of 2005. This program acts as the injury compensation program for EUA products recommended and distributed by the government in response to a declared emergency or threat. The SARS COV2 Pandemic was declared an emergency under the PREP Act and the covid vaccines were each licensed for use under EUA in response to this emergency. This shifted the liability for injury and death caused by the Pfizer BioNTech, Moderna and Johnson & Johnson shots from the pharmaceutical companies that make them, to the federal government instead.
According to the Health Resources & Services Administration (HRSA) under which the CICP falls, the CICP has paid on just 29 claims since its inception and that as of this writing, the program has not paid out on a single covid vaccine claim. This despite the fact that VAERS currently shows 19,532 deaths reported following covid vaccination.*
So now you know that there is an FDA approved covid shot (Pfizer Comirnaty) that has not yet been approved by ACIP for children and that has not yet been added to the CDC child schedule. Liability for this product would be on Pfizer if it were given to anyone now. They are obviously aware of this and therefore they won’t risk the inevitable lawsuits and they will not release this product under these conditions. Therefore Comirnaty will not become available to anyone in this country until after ACIP votes to routinely administer covid vaccines to children. At which point Pfizer is off the hook financially for the damages caused by their vaccine. The moment this happens, Comirnaty will hit the market.
Please help educate your friends and family on the nuances of this issue. And please refer to the two Pfizer products (BioNTech and Comirnaty) differently - they are not the same thing when it comes to who will foot the bill if you suffer an adverse reaction. And in both cases the pharmaceutical companies have made damn sure that they will never be the ones footing the bill.
*https://vaers.hhs.gov/data.html and https://openvaers.com/covid-data
Glossary:
NCVIA - National Childhood Vaccine Injury Act
VICP - Vaccine Injury Compensation Program
CDC - Centers for Disease Control
ACIP - Advisory Committee on Immunization Practices (a CDC committee)
VAERS - Vaccine Adverse Event Reporting System
EUA - Emergency Use Authorization
CICP - Countermeasures Injury Compensation Program
PREP Act - Public Readiness and Emergency Preparedness Act of 2005
HRSA - Health Resources & Services Administration
Solid work here! 🙌
Great write-up! What about suing pharma companies for up to $1000 per the law? Does a plaintiff have to first try the CICP panel or VICP court first? I realize $1000 is not alot but with alot of court wins, this could make pharma look bad.