The Countermeasures Injury Compensation Program (CICP) provides compensation to eligible individuals for serious physical injuries or deaths from pandemic, epidemic, or security countermeasures.
This compensation is authorized by the Public Readiness and Emergency Preparedness (PREP) Act, (section 319F-4 of the Public Health Service (PHS) Act, as amended, 42 U.S.C. 247d-6e) and implemented through declarations issued by the Secretary of Health and Human Services (HHS), pursuant to section 319F-3(b) of the PHS Act (42 U.S.C. 247d-6d). The Secretary has issued several declarations for pandemic influenza specifying covered countermeasures, such as the pandemic 2009 H1N1 influenza vaccine, antiviral medications (e.g., Tamiflu®, Relenza®, peramivir), mechanical ventilators and N-95 masks.
The PREP Act provides broad liability protections (as defined in section 319F-3(i) (2) of the PHS Act) to cover the manufacture, testing, development, distribution, or use of the designated covered countermeasure. A declaration issued by the Secretary specifies the categories of health threats or conditions for which countermeasures are recommended, the timeframe that liability protections are in effect, the population of individuals protected, and the geographic areas for which the protections are in effect.
The compensation program is administered by the HHS’ Health Resources and Services Administration (HRSA), Healthcare Systems Bureau, Countermeasures Injury Compensation Program.
Covered Antiviral Medications
The CICP currently covers Tamiflu® (oseltamivir), Relenza® (zanamivir) and peramivir when used or administered in accordance with a PREP Act declaration, or in a good faith belief of such.
If you or your child has had a reaction to Tamiflu®, Relenza® or peramivir, your ability to sue may be limited by law. However, the CICP has been created to help pay for unreimbursed medical care, lost employment income, and death benefits of eligible persons who have a serious reaction from using these medications.
Individuals have one (1) year from the date the vaccine or other covered countermeasure was administered to request compensation benefits.
The Request for Benefits package, which is the official application to the CICP, must be completed by every requester of benefits.
The CICP only provides benefits that are not payable by a third party payer. These benefits may include: