About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

GAO-25-107368 1 (2024-12-18)

handle is hein.gao/gaorgb0001 and id is 1 raw text is: 

















Why   This Matters


Key  Takeaways


Medical countermeasures, such as vaccines and drugs, are developed to save
lives during a public health emergency or security threat, such as the COVID-19
pandemic. Most people who  receive a medical countermeasure have no serious
problems, but like any medicine, there is a rare chance that a medical
countermeasure  can cause serious physical injuries or deaths. Individuals who
die or are seriously injured by the administration or use of certain medical
countermeasures  may  be eligible to receive compensation.

To encourage  the development of countermeasures, the Public Readiness and
Emergency  Preparedness  Act (PREP  Act) limited the legal liability of
manufacturers, distributors, health care providers, and others for losses related
to the administration or use of covered countermeasures. It also authorized the
Department  of Health and Human Services (HHS) to establish the
Countermeasures  Injury Compensation Program  (CICP), which began accepting
claims in October 2009. Instead of suing manufacturers or others, individuals can
apply to CICP for compensation for serious physical injuries or deaths resulting
from covered countermeasures. CICP  is operated by the Health Resources and
Services Administration (HRSA)-an  agency within HHS. Foreign countries also
operate medical injury compensation programs.

The CARES   Act includes a provision for us to report on the federal government's
ongoing monitoring and oversight efforts related to the COVID-19 pandemic.II n
this report we describe CICP, including its claims adjudication process, and
similar programs in selected foreign countries.


*   HRSA  received a large influx of claims in response to the COVID-19
    pandemic. Specifically, HRSA received approximately 27 times more claims
    in response to the COVID-19 pandemic than it had received in the entire first
    decade of the program-13,333  compared  to 491 claims, respectively.
*  Of the 13,824 total CICP claims received since the start of the program,
    HRSA  had completed the adjudication process for 3,483 of them (25
    percent), as of June 2024 (the most recent data available at the time of our
    analysis). The remaining 10,341 claims were under review or pending
    HRSA's review. Of the adjudicated claims, 3 percent (92) were found eligible
    to receive compensation for a serious injury or death directly caused by a
    covered countermeasure. Most of the claims eligible to receive compensation
    were for serious injuries or deaths caused by COVID-19 countermeasures
    (52) or for serious injuries caused by the H1 N1 vaccine (37).
*   Nearly all the challenges HRSA experienced operating CICP stem from the
    large influx of claims related to COVID-19 countermeasures and limited


Page 1                                                           GAO-25-107368 Medical Countermeasures Injury Compensation


Page 1


GAO-25-107368 Medical Countermeasures Injury Compensation

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most