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Comparison of Countermeasures Injury Compensation Program (CICP) to the National Vaccine Injury Compensation Program (VICP)

Program CategoriesCICPVICP
Program AuthorizationPublic Readiness and Emergency Preparedness Act (PREP Act)
(42 U.S.C. §§ 247d-6d, 247d-6e)
National Childhood Vaccine Injury Act of 1986, as amended (42 U.S.C. § 300aa-10, et seq.)
Filing Deadlines
Products Covered

Covered countermeasures are identified by the Secretary of the Department of Health and Human Services (HHS) in declarations published under the PREP Act.

Covered Countermeasures

Vaccines recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to a Federal excise tax, and added to the Vaccine Injury Table by the Secretary of HHS.

Covered Vaccines

Process for Adding Covered Vaccines/ CountermeasuresCovered countermeasures are identified by the Secretary of HHS in declarations published under the PREP Act.For a category of vaccines to be covered by the VICP, the category of vaccines must be recommended for routine administration to children and/or pregnant women by the Centers for Disease Control and Prevention, subject to an excise tax by federal law, and added to the Vaccine Injury Table by the Secretary of Health and Human Services.
Type of Injury Covered
  • Serious physical injuries
  • Deaths
  • Injuries with effects lasting for more than 6 months after the vaccine was given or resulted in inpatient hospitalization and surgery, or
  • Deaths
Benefits AvailableTypes of BenefitsTypes of Compensation
Payment of Legal Fees and CostsAttorneys’ fees and costs are not paid by the program.Attorneys’ fees and costs may be available if certain requirements are met (petition filed in good faith and on a reasonable basis)
Persons who can file Requests/ PetitionsTypes of Eligible RequestersWho Can File a Petition?
Process for Filing a Request/PetitionFile the Request Form and documentation with the Secretary of HHS.File petition and documentation with the U.S. Court of Federal Claims and the Secretary of HHS.
Process for Resolving Requests/ PetitionsAdministrative ProcessJudicial Process
Covered Injury Determinations

HHS makes decision.

Criteria to Demonstrate that a Covered Injury Occurred

Special Masters (or judges) of U.S. of Court of Federal Claims make decision.

Criteria to be Found Eligible to Receive Compensation

Appeal RightsOne-step administrative reconsideration possible. No judicial appeal permitted.Judicial appeal by either party to higher courts possible.
Program FundingAppropriated FundsVaccine Injury Compensation Trust Fund funded through excise taxes on covered vaccines. Congress annually appropriates funding from the Trust Fund to the Health Resources and Services Administration (HRSA), Department of Justice, and U.S. Court of Federal Claims to pay their expenses to administer the VICP and to HRSA to compensate VICP claims.
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