by Dr. Meryl Nass
December 11, 2020
The bottom line is that if you are injured by a vaccine
or other "countermeasure" designated by the
DHHS Secretary as intended for a
bioterrorism threat (Covid-19,
Pandemic Flu, Anthrax, Smallpox) your options for receiving any
financial benefit are very limited...
First, everyone involved with getting the vaccine to you has had
their liability waived under the
This includes everyone
from the government planners of the vaccine program down to the
doctor, nurse or even pharmacy intern who injects you.
None can be sued in
federal or state court, unless they willfully tried to harm you. And
it is virtually impossible to show willful misconduct.
Congress did create a program to compensate some victims, but it is
much less generous than the
National Vaccine Injury Compensation Program (NVICP),
and no one ever accused the NVICP of being generous...
It is called the
Countermeasures Injury Compensation Program (CICP).
It is entirely
administered within the Department of Health and Human Services,
the same agency that sponsored the vaccine program.
There are no judges.
If you are
dissatisfied with the decision, the only appeal is to DHHS,
where your case is reviewed by different employees.
DHHS is the payor,
essentially acts as the judge, jury, and defendant.
about 9% of people who applied to the program received any
Of the 446 claimants
to the program, 407 were denied.
Unlike the NVICP, the
CICP does not pay any attorney fees, expert witness fees or costs
associated with filing a claim.
When I spoke to Dr.
Vito Caserta, the program's
prior director, the maximum payout, even for a death or permanent
disability, was $250,000 per person.
Dr. Caserta told me the CICP was a "payor of last resort" - which
meant that if the claimant had other sources of funds, such as from
insurance policies, that CICP would only pay the difference.
In other words, if you
had a disability policy that paid out $150,000, that amount would be
deducted from the maximum payout you could receive from the CICP.
The CICP has a one year statute of limitations.
This has been very tough
on claimants, because most people are unaware the program exists,
and therefore have been barred from filing because more than a year
has elapsed since they were injured.
And there is another big problem with claims for injuries from Covid
vaccines: nobody knows exactly what the serious injuries are, nor
how to identify them with certainty.
DHHS is responsible for
defining what types of injuries may be caused by each product.
Will they acknowledge
that the injury you suffered could be caused by the vaccines
Will they do it in
time for that one year statute of limitations?
Will they ever do it?
If you become injured
after receiving a designated "countermeasure" vaccine, do not
anticipate that you will get help from the government nor from the
yourself of the benefits and risks beforehand.
The Congressional Research Service explains the way the
system works in detail, focusing on the "sweeping" liability
immunities that characterize the program, in a booklet published in
September, titled, "The
PREP Act and Covid-19 - Limiting Liability for Medical
Let the buyer beware...
On December 7 I got a
call back from Mr. Dale Mishler at the CICP.
He would not tell me
if there was a specific cap on benefits, nor the maximal amount
that has so far been paid out for an injury.
He told me I would
have to FOIA for the information, although the CICP website was
under design and in several weeks I could probably find the
known that the average benefit paid
to 39 recipients since 2010 has been $146,000.)
Mr. Mishler also told me that the CICP now follows the
Public Safety Officers Benefits program
managed by the DOJ. The PSOB appears to provide a maximal benefit of
$370,000 for those injured on or after October 1, 2020.
However, the description
of the program on the PSOB website is vague.
An HRSA spokesman
said the CICP denies claims for a variety of reasons, including
the legal requirement there be "compelling" scientific evidence
that a vaccine directly caused injury.
CICP only covers
medical costs and lost income not covered by others, such as
private health insurance.
Isn't it ironic that
experimental vaccines rushed out under emergency use, with extremely
short clinical trials, are unlikely to yield the "compelling"
evidence of vaccine causality within the one year statute of