Do you remember COVID-19, one of the most challenging pandemics in recent history? The story where the entire world struggled with the unforeseen chaos. It wasn’t just our daily lives that were transformed, entire healthcare systems were pushed to their limits with hospitals overflowed and economies stumbled. Yet, in the midst of the deadly pandemic, a ray of hope emerged: the rapid development of COVID-19 vaccines.
This incredible scientific achievement wasn’t just a breakthrough in virology; it was a race against time to save countless lives. The development of COVID-19 vaccines was definitely a testament to human resilience and development of science that saved millions of people in the world.
This blog unearths the injuries caused by COVID vaccines and the resulting COVID vaccine injury lawsuits in the United States.
COVID-19 vaccines- How does they work?
Each COVID-19 vaccine works by triggering the human immune system to create antibodies to fight COVID-19 virus. The vaccines uses a harmless version of S protein, a harmless component of the viral structure.
Le’s now understand the important types of COVID-19 vaccines that played a central role in the COVID battle.
Messenger RNA (mRNA) Vaccine
This type of vaccine is engineered to trigger our cells to make the S protein found on the surface of the COVID-19 virus. After vaccination, human cells synthesize and display S-proteins on their surfaces, which in turn causes our body to create antibodies. While encountering with the COVID-19 virus, these antibodies will fight and destroy them. Pfizer-BioNTech and the Moderna COVID-19 vaccines use mRNA technology in vaccine preparation.
Vector Vaccine
Vector vaccines uses a material from the COVID-19 virus which is placed in a modified version of a different carrier virus. This viral vector triggers your cells to make copies of the COVID-19 S protein and the rest of the defense mechanism works like that of a mRNA vaccine. AstraZeneca and the University of Oxford have a vector COVID-19 vaccine in the market.
Protein Subunit Vaccine
Subunit vaccines are engineered by including only the harmless S proteins of the virus that best stimulates human immune system. The immune system recognizes the S proteins and creates antibodies against the virus, which would later fight the virus during COVID infection. The Novavax COVID-19 vaccine is an example for protein subunit vaccine.
The Journey of COVID-19 Vaccines in the U.S
During the COVID-19 pandemic, Pfizer–BioNTech vaccine was given the first authorization by the FDA for emergency use of COVID vaccine on December 10, 2020. Later, the Moderna vaccine was granted emergency use authorization by the FDA on December 17, 2020.
As per the official reports, ‘the United States has donated more than 690 million vaccine doses to 117 countries and economies, in partnership with COVAX, Caricom, AVAT, and bilaterally’.
The speed and efficacy with which these COVID-19 vaccines were developed, tested, and distributed is unparalleled in medical history. Within months of the virus’s identification, multiple vaccines were in development, and their rollout marked a pivotal moment in the pandemic. The impact was immediate and profound with dropping infection rates, decreasing hospitalizations and getting us back to normal life.
These vaccines didn’t just offer protection; they also gifted injuries to many. The adverse events reported reminds us of the flip side of science and innovations. As we continue to navigate the COVID vaccine injury lawsuits, it sets a powerful reminder of how advancement in the medical sphere can also affect the mankind.
Before diving deep into COVID vaccination lawsuits and COVID vaccine injuries, let’s first understand about vaccine injuries in general.
What is a vaccine injury?
Any injury sustained by an individual related to the dosage, administration of a vaccine is called a vaccine injury. The most commonly reported vaccine injuries in the U.S ranges from mild issues like soreness, swelling, redness at the injection site, fever, rash, and achiness to severe allergic reactions, seizure, and death.
Vaccine injuries can result from many factors like the preservatives, stabilizers, or adjuvants, which are added to vaccines to enhance their effectiveness or enhance their shelf life. Though all the vaccine ingredients are generally safe, some individuals may be sensitive to them, resulting in vaccine injuries.
Vaccine Injury Claims
People who suffered severe side effects from vaccinations had few options for getting compensation from manufacturers, doctors, or the government when vaccines were first introduced to the public in the U.S. However, with the amendment of the U.S. Biologics Control Act in 1902, the regulation of vaccines and vaccine injury reporting became a reality.
With the product liability law, vaccine injury victims were able to seek compensation for the vaccine mishaps. With product liability law and regulations, victims could sue a manufacturer for vaccine defects, or medical professionals for injuries during vaccine administration.
The Cutter Incident
In the United States, the civil court utilizes tort law to deal with vaccine adverse events and the stemming lawsuits. Let’s understand about the Cutter Incident, one of the major mass vaccine injury that left the U.S in shock.
In April 1955, a mass polio vaccine campaign was conducted for children in five states in the Western and Mid-Western regions that involved over 200,000 doses administered. After the Salk polio vaccine administration, about 200 children were paralyzed and ten died after contracting.
Following inquiries, it was discovered that the vaccine, produced by the family-run Cutter Laboratories in California, was responsible for 40,000 cases of polio due to defect in inactivating the polio viruses in the vaccine preparation.
Many victims filed lawsuits against the vaccine manufacturers, and most cases in the Cutter Incident were settled out of court by offering monetary awards by the manufacturers.
Want to know about the regulatory bodies that look after vaccine injuries and how lawsuit against covid vaccine work in the U.S? Check out our trending FAQ blog on vaccine injury claims.
Let’s now move on to the heart of this blog, COVID vaccine lawsuits and how to claim for COVID vaccine injuries.
COVID Vaccine Injuries
What are the most commonly reported COVID vaccine adverse events in the U.S.? Let’s have a look.
Guillain-Barré Syndrome (GBS)
GBS is a rare neurological disorder in which the body’s immune system mistakenly attacks part of its peripheral nervous system. Symptoms of GBS include weakness and tingling in the extremities, which can quickly spread, potentially leading to paralysis. These symptoms can start days to weeks after vaccination.
There have been reports of GBS occurring after various vaccinations, including some COVID-19 vaccines. It’s important to note that cases of GBS after vaccination are extremely rare. The risk of developing GBS after a COVID-19 vaccine is much lower compared to the risks associated with COVID-19 infection itself.
Myocarditis and Pericarditis
Myocarditis is the inflammation of the heart muscle and pericarditis is the inflammation of the lining outside the heart. Symptoms include chest pain, shortness of breath, feeling of having a fast-beating, fluttering, or pounding heart.
Myocarditis and pericarditis have been identified as rare side effects associated with some COVID-19 vaccines, particularly mRNA vaccines (like Pfizer-BioNTech and Moderna). These side effects have been reported more frequently after the second dose of an mRNA COVID-19 vaccine, typically within a week after vaccination.
The risk of myocarditis or pericarditis associated with SARS-CoV2 mRNA vaccines is very low and the data are limited. The reports available to date show a preference for male adolescents and young adults, more often after the second dose, usually within several days after vaccination.
Thrombosis with Thrombocytopenia Syndrome (TTS)
Thrombosis with Thrombocytopenia Syndrome (TTS) is a rare but serious condition that has been reported in a small number of individuals following vaccination with certain COVID-19 vaccines. It is more associated with adenovirus vector vaccines like the AstraZeneca (Vaxzevria) and Johnson & Johnson (Janssen) vaccines.
TTS involves blood clots (thrombosis) accompanied by low levels of blood platelets (thrombocytopenia). It’s a condition that seems to be similar to heparin-induced thrombocytopenia, a rare reaction to heparin treatment.
The occurrence is more frequently reported in women under the age of 50, but it has been observed in a broad range of populations. The exact mechanism or reason why TTS develops after vaccination is not fully understood.
Symptoms typically occur within one to three weeks following vaccination. They include severe headache, blurred vision, shortness of breath, chest pain, leg swelling, persistent abdominal pain, or unusual skin bruising and/or petechiae (small red or purple spots under the skin).
COVID Vaccine Injury Claims
For the usual vaccines used for adults and children, the regulatory body that governs the claims and compensation is the National Vaccine Injury Compensation Program (VICP). VICP is a no-fault alternative to the traditional legal system for handling vaccine injury litigations.
VICP provides financial compensation to individuals who have been injured by a VICP-covered vaccines, listed in the vaccine injury table.
Does VICP cover COVID vaccine injuries?
No, COVID-19 vaccine injuries and the petitions are not covered under VICP. Thinking why?
Pandemics such as COVID-19 comes under public health emergencies that are addressed by the government with countermeasures. A countermeasure could be a vaccine, medication, device, or other items used to prevent, diagnose, or treat a public health emergency like COVID-19. The regulatory body in the U.S that address COVID vaccine injuries and similar countermeasures is Countermeasures Injury Compensation Program (CICP).
The reason behind the difference in the regulation of usual vaccine injuries and COVID-19 vaccines is because during such unexpected pandemic situations, the scientific community or the pharma companies get very little time to conduct vaccine research. Under such emergency situations, saving the lives of lakhs of people becomes the priority.
Like VICP, CCIP also has an official list of countermeasures that it covers and for which claims can be filed.
What are the countermeasures covered under CCIP?
The Secretary of the Department of Health and Human Services issues federal declarations under the Public Readiness and Emergency Preparedness Act (PREP Act) that list the countermeasures covered by the CICP. The following are the countermeasures listed by CCIP that is open for any injury lawsuit.
- COVID-19
- Acute Radiation Syndrome
- Botulinum Toxin
- Smallpox and other orthopoxviruses (e.g., mpox)
- Zika
- Anthrax
- Ebola
- Marburg
- Nerve agents and certain insecticides (organophosphorus and/or carbamate)
- Pandemic Influenza
Who can file a COVID vaccine injury lawsuit?
Let’s find who are eligible to file COVID-19 vaccine lawsuits and Guillain-Barré COVID vaccine lawsuits.
- Injured COVID vaccine recipient
- Representative of an injured COVID vaccine recipient that includes
- A parent or guardian of a minor child
- A spouse
- A family member
- An attorney
- Any other legal or personal representative
- Administrator of the estate of a deceased COVID vaccine recipient
- Survivor of a deceased COVID vaccine recipient
How to file a COVID vaccine injury lawsuit?
The victim should file a Request for Benefits Package within one year of receiving the COVID vaccine. The form should also accompany a proof for receiving the COVID-19 vaccine. The proof may include medical prescriptions, bills, discharge summary, nursing reports, relevant medical documentation or scientific evidence etc.
The victim should prove that
- The COVID vaccine has aggravated a preexisting condition in the individual, causing a serious harm or
- The victim has sustained an injury, meeting the requirements of a covered countermeasures injury table.
Once the Request for Benefits Package is submitted along with the valid proof documents, the CICP medical staff will review the application and decide your eligibility for the program. Once approved as eligible, the victim would be instructed to submit additional documents to evaluate and determine the severity of the injury and compensation amount.
It is to be noted that attorneys’ fees and related costs for filing a COVID vaccine lawsuit would not be paid by the CCIP program.
What are the COVID vaccine damages covered under CCIP?
Compensation for COVID vaccine injuries cover
- Unreimbursed medical expenses (expenses that health insurance did not cover)
- Lost employment income
- Survivor death benefit.
Lawsuits against COVID-19 Vaccines Update
On Dec 1, 2023, the attorney general of Texas sued the pharmaceutical company Pfizer, alleging that ‘t exaggerated the effectiveness of its Covid-19 vaccine and deceived the public’.
It’s critical to keep in mind that the pursuit of justice and the goal of public health safety frequently intersect as we negotiate this complicated terrain. With an expert COVID-19 vaccine injury lawyer, victims can proceed with a vaccine injury claim and get compensation for their suffering.
To conclude, the subject of COVID vaccine injuries and the COVID vaccine lawsuits is extremely important. The road ahead medical innovations, especially vaccine engineering may be fraught with challenges, but it’s paved with the determination to ensure that individuals receive the care and compensation they rightfully deserve.
Let’s hope that vaccinations will continue to be essential to protecting the world community and that the legal system will be unwavering in its commitment to handling the cases of vaccine-related harm. Together, we can strive for a world where both our health and our rights are protected, forging a path towards a brighter and healthier tomorrow.
