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1 1 (September 14, 2022)

handle is hein.crs/goveiuo0001 and id is 1 raw text is: * Congressional Research Service Informing the legislitive diebate since 1914 September 14, 2022 The National Vaccine Injury Compensation Program and the Office of Special Masters In 1986, Congress passed the National Childhood Vaccine Injury Act (NCVIA; 42 U.S.C. §§ 300aa-10-300aa-34), which created the National Vaccine Injury Compensation Program (VICP). The VICP is a no-fault compensation program that allows individuals to file a petition (i.e., a claim for money damages) against the Secretary of Health and Human Services (the Secretary) to receive compensation for an injury or death allegedly caused by a covered vaccine. Congress created the Office of Special Masters (OSM), situated within the U.S. Court of Federal Claims, to adjudicate petitions filed under the VICP. This In Focus describes the OSM's creation, authority, and unique jurisdiction. It then identifies several issues related to the VICP that may be of interest to Congress. Jurisdicton and Authority The OSM has exclusive jurisdiction to adjudicate petitions filed under the VICP. To seek compensation through the VICP, individuals or their designees (also called petitioners) file petitions with the OSM against the Secretary (the respondent). The Secretary is represented by attorneys from the U.S. Department of Justice. Petitioners often retain an attorney to represent them in the proceedings. The VICP currently covers 16 vaccines that are recommended by the Centers for Disease Control and Prevention (CDC) for routine administration to children or pregnant women. The list of covered vaccines may be found on the Vaccine Injury Table (the Table). The most current version of the Table may be found on the Health Resources and Services Administration's (HRSA's) website: https://www.hrsa.gov/vaccine-compensation. Currently, the VICP does not include any COVID-19 vaccines. Individuals seeking compensation for alleged injuries related to COVID-19 vaccines must instead file a request for benefits under the Countermeasures Injury Compensation Program (CICP), also administered by HRSA. The Liabiity Shield Congress created the VICP to limit the liability of manufacturers and administrators for vaccine-related injuries, while providing a process by which individuals injured by certain vaccines could receive compensation. The Program also addresses the concern that tort lawsuits against vaccine manufacturers could result in vaccine shortages. The NCVIA shields manufacturers and administrators from liability for injuries related to a covered vaccine by generally barring individuals from filing civil claims in excess of $1,000 against a covered vaccine manufacturer or administrator for damages arising from a vaccine-related injury or death until after a petition has been filed and judgment entered through the VICP. Once a claim has been adjudicated through the VICP, judgment is entered, and a petitioner must choose to accept or reject the judgment. If the petitioner accepts the judgment, the petitioner is entitled to any damages awarded by the special master. In return, however, the petitioner is barred from filing a claim in court against a vaccine manufacturer or administrator for the same injury. If the petitioner rejects the judgment, he or she is not entitled to money damages but may sue the manufacturer or administrator in court for the alleged injury or death. The NCVIA limits the types of civil actions that can be brought against manufacturers and administrators; for example, it generally bars claims for damages for unavoidable side effects. Court Proceedings Special astes A special master is an officer of the court who is appointed by the judges of the U.S. Court of Federal Claims to adjudicate vaccine petitions. The judges appoint special masters for four-year terms and designate a Chief Special Master (CSM). The CSM is responsible for assigning petitions for adjudication by the special masters and for carrying out the OSM's administrative business. By statute, the OSM is limited to eight special masters. Like the U.S. Court of Federal Claims, it has nationwide jurisdiction and may hear cases in all states and territories. Special masters function much like judges in adjudicating VICP petitions. In cases where the Secretary contests whether the vaccine caused the alleged injury, the special master may recommend alternative dispute resolution proceedings. Special masters conduct telephonic status conferences between the parties, ensure the record is complete, and hold hearings. The special master may also decide a vaccine petition on the record without a hearing. Proving Causation To prevail on a claim, a vaccine petitioner must show that it is more likely than not that the vaccine the petitioner received caused the petitioner's injuries or death. A petitioner may demonstrate causation by either (1) demonstrating that the petitioner's injury is on the Table and manifested within the time period specified in the Table; or (2) by demonstrating causation in fact, meaning that the vaccine was the but for cause of the petitioner's injury or death.

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