National Vaccine Injury Compensation Program • Understand the patient's concerns and request information. Contact MPIE to report and discuss the potential claim. • Discuss with the patient the various federal programs for assisting with future medical expenses and/or compensation. • Continue communication with the patient and follow their progress.
Courtesy of MPIE Risk Management
Federal Protection and Injury Compensation Program for Vaccine Injuries More Important Now Than Ever! Situation Healthcare providers should understand the National Vaccine Injury Compensation Program's (VICP) role and benefits. This program can offer healthcare providers protections against potential vaccine injury liability. Improperly following the program's process though may jeopardize those protections and have professional liability implications. Background VICP was created by a federal law that limits the liability of an "administrator or manufacturer" for complications or injuries following the administration of certain "covered" vaccinations. Individuals who believe a covered vaccine has resulted in injury may "file a claim against the Secretary of the Department of Health and Human Services (HHS) in the U.S. Court of Federal Claims seeking compensation from the Vaccine Trust Fund. Eligible claimants can recover compensation for vaccine injuryrelated medical and rehabilitative expenses, pain and suffering, and lost earnings. Claimants may also recover reasonable attorney's fees and costs."[i] VICP covers the most common vaccines administered (e.g., measles, seasonal flu and whooping cough (DTaP or Tdap)). However, the COVID-19 vaccines are not currently included. A separate program may cover a COVID-19 vaccine complication/injury under the Countermeasures Injury Compensation Fund. Congress can (and likely will) add the COVID-19 vaccines as covered vaccines as they receive full approval from the FDA. (As of this writing, Pfizer is FDA approved, and Moderna has applied to obtain it). These protections are especially likely as booster vaccinations become recommended for continued immunity against the COVID-19 variants. Assessment Healthcare providers who give vaccines should be aware and knowledgeable of VICP. Ensure appropriate steps are followed to make certain the provider accesses the protections, and the patient properly claims benefits and compensation under VICP. Recommendation If alerted to a patient injury or complication, providers must follow proper procedures to protect the patient's claim and prevent potential professional liability allegations. • Discuss the complication or injury with the patient (refrain from making any admissions of liability, pointing fingers, and/or making any assertions or offers of compensation). 14 The Bulletin | October 2021
MPIE risk management is available to answer your questions and provide additional information. For assistance, please contact MPIE Risk Management at risk@mpie.org. Disclaimer: This information is provided as a risk management resource and should not be construed as legal, compliance, technical or clinical advice. This information may refer to specific local regulatory or legal issues that may not be relevant to your organization. Consult your professional advisors or legal counsel for guidance on issues specific to your organization. Medical or clinical information presented is offered for educational and informational purposes only and does not replace independent professional judgment. The information is intended to provide guidance to the clinician in the management of patient care and is not intended to establish a standard of care. The clinician shall defer to applicable prevailing medical authority. [i]
https://www.justice.gov/civil/vicp
A new service to support and assist frontline healthcare workers with behavioral health services is now available from the Saginaw County Community Mental Health Authority.
Free Confidential Counseling for Frontline Healthcare Workers Free, confidential counseling services are available for healthcare professionals and their immediate family to provide help coping with the stress and anxiety due to the COVID-19 pandemic. Professional counselors provide primary care screening, assessment and monitoring of key health indicators. These services are available to those that need extra help coping during this extremely stressful time. There is no shame in talking, in person or virtually, with someone.
Call the Saginaw Community Care HUB at
989.498.2266
for an immediate appointment
