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Comparison of Countermeasures Injury Compensation Program (CICP) to the National Vaccine Injury Compensation Program (VICP)

Program Categories CICP VICP
Program Authorization Public Readiness and Emergency Preparedness Act (PREP Act)
(42 U.S.C. §§ 247d-6d, 247d-6e)
National Childhood Vaccine Injury Act of 1986, as amended (42 U.S.C. § 300aa-10, et seq.)
Filing Deadlines
Products Covered

Covered countermeasures are identified by the Secretary of the Department of Health and Human Services (HHS) in declarations published under the PREP Act.

Covered Countermeasures

Vaccines recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to a Federal excise tax, and added to the Vaccine Injury Table by the Secretary of HHS.

Covered Vaccines

Process for Adding Covered Vaccines/ Countermeasures Covered countermeasures are identified by the Secretary of HHS in declarations published under the PREP Act. For a category of vaccines to be covered by the VICP, the category of vaccines must be recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to an excise tax by federal law, and added to the Vaccine Injury Table by the Secretary of Health and Human Services. This has not been done for any U.S. licensed COVID-19 vaccines, which have not been developed to date.
Type of Injury Covered
  • Serious physical injuries
  • Deaths
  • Injuries with effects lasting for more than 6 months after the vaccine was given or resulted in inpatient hospitalization and surgery, or
  • Deaths
Benefits Available Types of Benefits Types of Compensation
Payment of Legal Fees and Costs Attorneys’ fees and costs are not paid by the program. Attorneys’ fees and costs may be available if certain requirements are met (petition filed in good faith and on a reasonable basis)
Persons who can file Requests/ Petitions Types of Eligible Requesters Who Can File a Petition?
Process for Filing a Request/Petition File the Request Form and documentation with the Secretary of HHS. File petition and documentation with the U.S. Court of Federal Claims and the Secretary of HHS.
Process for Resolving Requests/ Petitions Administrative Process Judicial Process
Covered Injury Determinations

HHS makes decision.

Criteria to Demonstrate that a Covered Injury Occurred

Special Masters (or judges) of U.S. of Court of Federal Claims make decision.

Criteria to be Found Eligible to Receive Compensation

Appeal Rights One step administrative reconsideration possible. No judicial appeal permitted. Judicial appeal by either party to higher courts possible.
Program Funding Appropriated Funds Vaccine Injury Compensation Trust Fund funded through excise taxes on covered vaccines.
Date Last Reviewed:  November 2020