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       S      Congressional                                              ______
               SResearchService






Compensation Programs for Potential

COVID-19 Vaccine Injuries



March 22, 2021
Following the Food and Drug Administration's (FDA) emergency authorization of the Pfizer/BioNTech,
Moderna, and Janssen Biotech/Johnson & Johnson vaccines against COVID-19, millions of Americans
have received at least one dose of a COVID-19 vaccine regimen. Based on months-long clinical trials
(including safety monitoring) of each vaccine candidate involving tens of thousands of participants, FDA
did not identify any safety concerns for these vaccines that would preclude FDA emergency use
authorization. As with most vaccines, however, a very small percentage of inoculated individuals
experienced adverse reactions to a COVID-19 vaccine. Anecdotal reports from early in the COVID-19
vaccination campaign include several cases of anaphylaxis-a severe and potentially life-threatening
allergic reaction-following vaccination.
According to a joint study by scientists at the Centers for Disease Control and Prevention (CDC) and
FDA, there were 21 reported cases of anaphylaxis from the first 1.9 million Pfizer/BioNTech
vaccinations. Nearly all of these individuals (19 of 21) received epinephrine as treatment. Although some
of these individuals were hospitalized, all have recovered and were discharged; no deaths were reported.
The most recent evidence available indicates serious allergic reactions to COVID-19 vaccines occur in
approximately two to five people per million doses administered. Although these serious adverse events
are rare, the CDC recommends that all individuals be monitored for at least 15 minutes following their
vaccinations, and that all vaccination sites have epinephrine available for treatment of anaphylaxis.
Federal law has two distinct vaccination compensation regimes that may compensate individuals harmed
by adverse reactions. In general, the National Vaccine Injury Compensation Program (VICP) may provide
compensation for injuries or deaths associated with most vaccines routinely administered in the United
States (such as pediatric and seasonal influenza vaccines). During certain public health emergencies, the
Countermeasures Injury Compensation Program (CICP) may provide compensation for injuries and
deaths resulting from the administration of covered countermeasures under the Public Readiness and
Emergency Preparedness Act (PREP Act), which may include vaccines.
Under the Secretary of Health and Human Services's (HHS) PREP Act Declaration for COVID-19 (and
its amendments), COVID-19 vaccines are considered covered countermeasures within the PREP Act's
scope. As a result, CICP-and not VICP-will apply to injuries resulting from COVID-19 vaccinations
while the public health emergency persists and the Declaration remains in force. Compensation through

                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                    LSB10584

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