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Wednesday, January 26, 2022

Claim compensation for injury or death from COVID-19 response

More than 4,000 other claims are pending a decision under the US government compensation program.

For the first time in a pandemic, the U.S. Government Compensation Program will pay one in 4,751 personal injury or death claims resulting from covered countermeasures used to diagnose, treat, or prevent COVID-19.

Countermeasures may include emergency or federally approved vaccines, drugs, and medical devices that the FDA approves during a public health emergency.

“One COVID-19 claim has been determined eligible for compensation and is pending consideration of the associated costs,” according to the Compensation for Injury Program (CICP).

No further information was provided on an acceptable claim. However, David Bowman, a public relations officer with the Health Resources and Services Administration (HRSA), told The Epoch Times by email that the CICP is “working to process applications as quickly as possible.”

The compensation program is administered by HRSA, an agency of the United States Department of Health and Human Services (HHS).

Created in 2010 by the Community Preparedness and Emergency Situations Act 2005, CICP not only provides benefits to people who have suffered serious injury or death as a result of countermeasures, but also protects people and companies involved in manufacturing or manufacturing. the use of countermeasures from lawsuits, unless it is proven that there was willful misconduct.

Under the CICP, people can receive compensation for medical expenses that are not fully reimbursed or paid for by insurance or government programs such as Medicaid, lost wages due to not being able to work for more than five days, and death benefit.

Historically, the CICP has had low offset claims and some vaccine lawyers are not optimistic that many of the COVID-19 claims will be approved for payment.

From 2010 to November 1, 2021, a total of 5,242 claims were filed with the CICP, of which 4,751 were related to injury or death from COVID-19 countermeasures, in particular 2,297 were for COVID-19 vaccines and 2,454 for other countermeasures. … …

To qualify for benefits, people must file a claim within one year of the date they received the countermeasures or their claim will be rejected.

But if the CICP develops a COVID-19 Response Injury Chart and the HHS Secretary publishes it on the Federal Register, people will have one year from the date the trauma chart becomes effective to file a claim, even if their previous claim was denied.

“When developing or modifying the Injury Countermeasures Table, individuals requesting injuries who were previously unable to identify the Table’s injuries have one year from the effective date of the Table or amendment to request benefits, even if the previous request was denied.” Bowman said. … “The extended application deadline applies only if the amendment to the Table allows an applicant who could not identify an injury to the Table prior to the amendment to establish such an injury.”

The CICP has not yet developed such an injury table, citing insufficient data to establish that injury or death was a direct result of this countermeasure.

Bowman said an injury table for COVID-19 countermeasures “will be developed when there is enough data to meet” compelling, reliable, valid, medical and scientific evidence, “a standard indicating that covered countermeasures directly cause specific injury.”

Pending the creation of the COVID-19 Claims Claims Table, claims may be filed as non-table injuries and eligibility for compensation will be determined by the Program on a case-by-case basis, he added.

Injury Counteraction Chart

Screenshot of Smallpox Injury Table. (Federalregister.gov/screenshot via The Epoch Times)

The Countermeasure Injury Table lists the countermeasures covered, the specific injuries caused by the countermeasures, and the occurrence of the injury over a specified period of time.

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If the complainant can show that their “injury is on a table and was sustained within an appropriate time frame (and meets any of the other requirements set out in the table), CICP will consider that the injury was a direct result of a covered countermeasure.” – says the report (pdf) of the US Congressional Research Service.

Without a trauma table, the burden of proof falls on the suing person to show that a particular countermeasure caused injury or death as “a temporary link between the introduction or use of a covered countermeasure and the onset of the injury (i.e. ) is not enough by itself to prove that the injury is a direct result of the covered countermeasures. “

John Howie, a trial attorney specializing in vaccines and personal injury, told The Epoch Times in an earlier interview that the compensation program is just a program for “wellness.”

“I call this the wellness program. We like to say we have it because it makes people feel better. But if you look into it, it will be a joke, ”Howie said.

“There is no transparency like a real trial. There are no provisions on attorney fees, making it difficult for any victim to even hire a lawyer. Any appeals will be considered [three] people hand-selected by HHS to review the claim. “

Since its inception, the CICP has paid compensation in only 29 claims for alleged harm from the H1N1 virus or smallpox vaccine, paying a total of more than $ 6 million.

Japan Compensation Program and Vaccination Ban

Tokyo Fire Brigade Officer
A Tokyo fire brigade employee (right) injects a dose of the COVID-19 coronavirus vaccine at Aoyama University in Tokyo on August 2, 2021. (Stanislav Kogiku / POOL / AFP via Getty Images)

Although the United States is expected to receive compensation for only one COVID-19 lawsuit, Japan has already paid 29 of 41 COVID-19 vaccine damages claims in August 2021, according to Japanese newspaper The Mainichi.

Japan has a no-fault compensation program called the Health Injury Compensation System, which provides benefits to people whose health has been impaired by government-approved vaccinations under the Immunization Act.

The compensation program covers all three COVID-19 vaccines – Pfizer, Takeda / Moderna and AstraZeneca – introduced in Japan.

The Japanese government decided not to introduce mandatory vaccines and reminded businesses and people “not to force anyone in your workplace or those around you to get vaccinated, and not to discriminate against those who have not been vaccinated.” A web link to the Human Rights Consultation has also been provided on the Ministry of Health, Labor and Welfare’s COVID-19 vaccine web page.

Instead, the government has taken a different approach than other countries: it recommends that its citizens get vaccinated only after they have received all the information about the risks and benefits of the vaccine.

“Vaccination will be carried out only with the consent of the person who will be vaccinated after receiving information. [has been] provided, ”wrote the Japanese Ministry of Health, Labor and Welfare.

“Please vaccinate at your own discretion, understanding both the effectiveness of preventing infectious diseases and the risk of side effects. Vaccination is not carried out without consent. “

Although Japan was slow to roll out its vaccination program, it surpassed the United States, the United Kingdom and Israel in the number of people who were fully vaccinated or received two doses of the vaccine, with 77.9 percent of the country’s population fully vaccinated as of December. 15 compared to 68.7% in the United Kingdom, 62.5% in Israel and 60.7% in the United States.

Meiling Li

To follow

Meiling Li, medical columnist for The Epoch Times.

World Nation News Deskhttps://www.worldnationnews.com
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