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~ Research Service
Compensation Programs for Potential
COVID-19 Vaccine Injuries
Updated October 20, 2021
More than 200 million Americans have received one or more doses of a Coronavirus Disease 2019
(COVID-19) vaccine, along with billions of people worldwide. The Food and Drug Administration's
(FDA's) emergency use authorizations for the Pfizer-BioNTech, Moderna, and Johnson & Johnson
COVID-19 vaccines were based on months-long clinical trials (including safety monitoring) of each
vaccine, involving tens of thousands of participants. These trials did not identify any safety concerns that
would preclude such authorization. (The Pfizer-BioNTech COVID-19 vaccine subsequently received full
approval from FDA.) Post-authorization, the COVID-19 vaccines have been subject to safety monitoring
requirements by FDA and the Centers for Disease Control and Prevention (CDC) to detect long-term or
rare adverse health events. (For more information, see this CRS report.)
The most common side effects of COVID-19 vaccines are mild-such as local pain around the injection
side, tiredness, or fever-and usually resolve within a few days. As with most vaccines, however, a very
small percentage of inoculated individuals experience serious adverse reactions to a COVID-19 vaccine.
For example, approximately two to five people per million receiving mRNA COVID-19 vaccines
experience anaphylaxis, a severe allergic reaction, following vaccination. (For this reason, the CDC
recommends that all individuals be monitored for at least 15 minutes following their vaccinations, and
that all vaccination sites have epinephrine available for treatment of anaphylaxis.) Other serious adverse
events reported following vaccination, such as myocarditis and Guillain-Barre Syndrome, are similarly
rare and may be associated with COVID-19 vaccines.
Federal law has two distinct compensation regimes that may compensate individuals harmed by adverse
reactions to vaccines. In general, the National Vaccine Injury Compensation Program (VICP) may
provide compensation for injuries or deaths associated with most vaccines routinely administered in the
United States (such as pediatric and seasonal influenza vaccines). During certain public health
emergencies, the Countermeasures Injury Compensation Program (CICP) may provide compensation for
injuries and deaths resulting from the administration of covered countermeasures under the Public
Readiness and Emergency Preparedness Act (PREP Act), which may include vaccines.
Under the Secretary of Health and Human Services' (HHS's) PREP Act Declaration for COVID-19 (and
its amendments), COVID-19 vaccines are covered countermeasures within the PREP Act's scope. As a
result, CICP-and not VICP-will apply to injuries resulting from COVID-19 vaccinations while the
Congressional Research Service
https://crsreports.congress.gov
LSB10584
CRS Legal Sidebar
Prepared for Members and
Committees of Congress