Injury Compensation for H1N1 Influenza Antiviral Medications

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.  

  • Tamiflu® and Relenza® are covered under a declaration effective October 10, 2008.  They are prescription drugs designed to fight against influenza (flu) and are only covered when used for the treatment or prevention of the 2009 Pandemic H1N1 influenza or any other influenza strain with pandemic potential, such as H5N1 avian flu. These medicines are not covered if they are used to treat or prevent the seasonal flu.  They are a second line of defense against the flu, with vaccination being a first line. 
  • Peramivir is covered under a declaration effective April 26, 2009.  Peramivir is an antiviral drug given under an Emergency Use Authorization issued by the Food and Drug Administration to certain people in the hospital with suspected or confirmed 2009 H1N1 flu. Peramivir is only covered when it is used to treat 2009 H1N1 influenza infection.  These declarations are available on the CICP website provided below.

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.  

Filing Deadline

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.

Benefits Available

The CICP only provides benefits that are not payable by a third party payer.  These benefits may include:

  • Medical Expenses: Reasonable and necessary medical items and services to diagnose, treat, or prevent a Tamiflu®, Relenza® or peramivir related injury of an eligible individual.
  • Lost Employment Income:  Loss of wages incurred as a result of a serious injury caused by Tamiflu®, Relenza® or peramivir. The amount of compensation is based on the eligible individual’s income at the time of injury.  Certain limitations may be placed on such benefits.
  • Survivor Death Benefits: Death benefits to certain survivors of Tamiflu®, Relenza® or peramivir recipients who have died as a direct result of the administration or use of these countermeasures.
Date Last Reviewed:  April 2017

Countermeasures Injury Compensation Program


Program Rules & Regulations

PREP Act Declarations

Covered Countermeasures

Types of Benefits

How to File and Deadline for Filing

Programa de compensación por daños causados por contramedidas

Frequently Asked Questions

Contact Us: or 1-855-266-CICP (2427).  

For your security, please do not send any personal information (Social Security Number, medical, legal, or financial documents, etc.) by email to the Program.  

Please call the above number and you will receive information on sending emails safely and securely.