Sneak attack: Congress likely to give Covid vaccine mfrs a liability waiver that will cover them after the EUAs are gone

The Vaccine Injury Compensation Modernization Act, legislation introduced by
Rep. Doggett and Rep. Upton, is among several vaccine-related measures which
will be heard before the House Energy & Commerce Health Subcommittee at
10:30 am, next Tuesday, June 15.

“This legislation updates an important consumer protection tool to assure it is
capable of fairly addressing the one-in-a-million injuries that may be associated
with COVID-19 vaccines,” said Congressman Doggett. “Though misinformation
spreads and anti-vaxxers continue to fearmonger, vaccine-related injuries are
extremely rare, usually caused by an error in administration rather than the vaccine
itself. Providing complete information and assuring a prompt and fair response to
any lasting injury represents an effective way of addressing vaccine hesitancy.”

“The number of new vaccines we’ve seen over the past year highlights the urgent
need for us to update the Vaccine Injury Compensation Program as we work to
ensure vaccines remain safe and effective tools to combat public health
challenges,” Congressman Upton said. “The government, vaccine producers, and
the general public all share an interest in ensuring the vaccines we bring to market are always safe. The bipartisan Vaccine Injury Compensation Modernization Act
would help us do just that.”

“Right now, it takes an act of Congress to add vaccines to the Vaccine Injury
Compensation Program. This bipartisan legislation will allow the Department of
Health and Human Services to add to the list of eligible vaccines covered by the
program, including the new COVID-19 shot. This will give Americans more peace
of mind and help put this pandemic behind us even faster!”said Congressman
Kelly.

The Vaccine Injury Compensation Modernization Act, introduced by Rep.
Doggett and Rep. Upton, would:

• Reduce case backlog by expanding the number of Special Masters (judges
  for the VICP) from a ceiling of 8 to a floor of 10.
  

• Increase transparency by requiring the Special Masters to provide an annual
  report on caseload, number of pending cases and whether hearings have
  been scheduled, how many days it took for cases to receive a judgment, how
  many cases received a judgment and the results, and any recommendations
  regarding the need for more Special Masters.
  

• Provide fair compensation by increasing the cap on damages to the amount it
  would be today based on inflation increases and establish an inflation-based
  formula to automatically increase the cap moving forward.
  

• Ensure consumers have sufficient time to file claims by increasing the
  statute of limitations from 3 years to 5 years.
  

• Expedite the addition of new vaccines to the program [the “program” is the VICP, which gives manufacturers of all vaccines recommended on the childhood schedule and during pregnancy an automatic liability waiver–Nass] by requiring HHS to
  promulgate rulemaking to add a CDC-recommended vaccine or injury to the
  injury table within 6 months of a recommendation rather than 2 years.
  

• Expand the types of vaccines eligible for coverage under the VICP by
  including vaccines and injuries recommended by the CDC for routine
  administration in adults. [Coverage means a manufacturer liability waiver, and the timing relates to getting the Covid vaccines liability waivers once they are licensed, because the waivers would otherwise end with licensure.–Nass]

  The Vaccine Access Improvement Act, introduced by Rep. Doggett and Rep.
  Kelly, would:
  

  • Streamline the application of the 75-cent excise tax on covered-vaccine
  doses by eliminating the requirement that Congress pass legislation to apply
  the tax each time a new vaccine is added to the VICP. The tax would now be
  automatically applied once HHS adds a vaccine to the injury table.
  

  “This legislation provides critical updates to the National Vaccine Injury
  Compensation Program ensuring the public has a vibrant safety net for all those
  who protect their families and communities by getting vaccinated. The increase in