After years of overwhelming claim denials, limited benefits, virtually no transparency, and no meaningful opportunity for injured individuals to have their cases heard, the Countermeasures Injury Compensation Program (CICP) has left thousands of COVID-19 vaccine-injured Americans without a viable path to justice.
In this episode, leading vaccine injury attorney Renée Gentry explains how the proposed Vaccine Injury Compensation Modernization Act (H.R. 9672) would move eligible COVID-19 vaccine injury claims into the Vaccine Injury Compensation Program (VICP), providing access to an actual court process, attorney representation, broader compensation for medical expenses, lost wages, and pain and suffering, as well as the opportunity to finally have their claims fairly considered.
Renee also addresses who would qualify, the concerns many in the vaccine-injured community have about the legislation, the critical filing deadlines, and why supporters believe Congress must act now.
Renée Gentry is a Distinguished Professorial Lecturer in Law and Director of the Vaccine Injury Litigation Clinic at George Washington University Law School. With more than 25 years of experience, she is one of the nation's leading experts in vaccine injury litigation and the Vaccine Injury Compensation Program (VICP).
Find your Congress members here and call today!
https://www.congress.gov/members/find-your-member
Read more here:
Read the bill here:
https://www.congress.gov/bill/119th-congress/house-bill/9672/text
60 Minutes segments discussed:
https://www.cbsnews.com/news/why-covid-vaccine-isnt-part-of-injury-compensation-court-60-minutes/
Contact Renee here:
https://www.law.gwu.edu/renee-gentry
Introduction to H.R. 9672 (00:14:46) The host introduces the new legislation, the Vaccine Injury Compensation Modernization Act, and its goal for COVID-19 vaccine injuries.
Introducing Renee Gentry (00:15:02) The host introduces guest Renee Gentry, a leading expert in vaccine injury litigation, to discuss the new legislation.
Renee Gentry's Background and Expertise (00:17:14) Renee Gentry shares her 25 years of experience in vaccine injury law and her advocacy work on Capitol Hill.
The Vaccine Injury Compensation Program (VICP) Explained (00:19:04) Gentry explains the history and purpose of the VICP, established in the 1980s for childhood vaccine injuries.
How the VICP Works (00:20:46) A description of the VICP's legal process, including table injuries, compensation types, and the right to sue manufacturers.
The Countermeasures Injury Compensation Program (CICP) (00:22:52) Gentry contrasts the VICP with the CICP, describing the latter as ineffective and designed to deny compensation for COVID injuries.
Why COVID Vaccines Aren't in the VICP (00:30:07) Discussion on why COVID-19 vaccines were placed in the CICP and the legal obligation to move them to the VICP.
How the New Legislation Helps (00:32:05) The bill allows all COVID-19 vaccine injury claims, even those previously rejected or never filed, to move to the VICP.
Concerns About Non-Table Injuries (00:35:15) Addressing fears that only a limited list of injuries will be compensated, clarifying that non-table injuries can still be pursued.
Comparing VICP to Civil Litigation (00:35:59) Gentry explains why the VICP offers a better chance for compensation than civil litigation due to a lower burden of proof.
Addressing Criticisms of the VICP (00:39:56) Discussion of delays and other criticisms of the VICP, and how the new legislation aims to fix them.
The Role of Special Masters (00:41:46) An explanation of what Special Masters are and how the new bill increases their numbers to speed up the process.
Government Bias Concerns (00:45:27) Addressing the concern that the government won't rule against itself, clarifying the independent role of Special Masters in the court.
Compensation and Attorney's Fees (00:47:53) Details on uncapped economic damages, life care plans, and how attorney's fees are paid separately by the program.
Finding a Qualified Attorney (00:49:44) Advice on how to find an experienced attorney through the Vaccine Injury Petitioner's Bar Association (VIP Bar).
Understanding Compensation Payouts (00:53:24) Clarification on how compensation for lost wages and future medical care is calculated and paid out, often through annuities.
The Statute of Limitations for COVID Claims (00:58:49) Explaining the eight-year lookback period for filing claims and the urgency for passing the legislation before the window closes.
Addressing the Fear of Being Left Out (01:03:18) Gentry offers reassurance to the injured, acknowledging their mistreatment and emphasizing the bill's goal to provide a fair hearing.
The Ability to Sue Civilly (01:08:24) Clarification that while the VICP normally allows for civil suits, PREP Act protections will restrict this for COVID-19 cases.
Managing a High Volume of Cases (01:10:42) How the court plans to handle the influx of COVID-19 cases through omnibus proceedings to expedite similar injury claims.
The Process for Creating an Injury Table (01:14:08) Explaining how the Secretary of HHS can add injuries to the compensation table and how the new legislation modernizes the program.
Stakeholder Support for the Bill (01:16:48) Discussion on why diverse stakeholders, including public health organizations and pharmaceutical companies, support moving COVID claims to the VICP.
Call to Action (01:19:12) Encouraging listeners to contact their congressional representatives and advocate for the passage of H.R. 9672.
How to Connect with Renee Gentry (01:21:41) Renee Gentry provides her contact information and mentions a "60 Minutes" segment discussing COVID-19 vaccine injuries.