A Legal Battle for Inclusion - Petition Filed to Add COVID-19 Vaccine to the VICP
A pivotal legal case has emerged, aiming to address a critical gap in the National Vaccine Injury Compensation Program (“VICP”): the exclusion of COVID-19 vaccines. This petition seeks to compel the Secretary of Health and Human Services to fulfill statutory obligations and add COVID-19 vaccines to the Vaccine Injury Table, ensuring equitable access to compensation for those affected by adverse reactions.
Background of the VICP
The VICP was established in 1986 to provide a streamlined, no-fault process for compensating individuals who experience vaccine-related injuries. Administered by the United States Court of Federal Claims, the program has successfully covered numerous vaccines, such as those for influenza, tetanus, and measles. However, the COVID-19 vaccine remains conspicuously absent from this list, leaving those injured without recourse through this specialized system.
The Legal Basis for the Petition
The Vaccine Act mandates that any vaccine recommended for routine administration to children must be added to the Vaccine Injury Table within two years. The COVID-19 vaccine, recommended by the Centers for Disease Control and Prevention (CDC) for routine administration, has yet to be included, despite the statutory deadline passing.
Paul Brundage, the plaintiff in this case, suffered severe adverse reactions to a COVID-19 vaccine, resulting in a debilitating blood clotting disorder. Citing the Secretary’s failure to act, Mr. Brundage has filed a lawsuit to compel compliance with the Vaccine Act. This legal action underscores the urgency of ensuring all eligible vaccines are included in the VICP.
Key Objectives of the Petition
The petition aims to achieve several crucial outcomes:
Compliance with the Vaccine Act: The Secretary of Health and Human Services must adhere to the legal requirement to add COVID-19 vaccines to the Vaccine Injury Table.
Enable Compensation: Including COVID-19 vaccines in the VICP would allow affected individuals to seek compensation for medical expenses, lost income, and pain and suffering.
Streamline the Process: By incorporating COVID-19 vaccines into the VICP, individuals would benefit from the program’s efficient, no-fault claims process, avoiding the complexities of traditional litigation.
The Broader Implications
This case highlights the importance of equitable access to compensation for vaccine-related injuries. If successful, the petition will:
Set a precedent for timely updates to the Vaccine Injury Table.
Reinforce public confidence in vaccine safety and accountability.
Ensure that those injured by COVID-19 vaccines are not left without support.
A Path Forward
While the outcome of this case is pending, it represents a significant step toward aligning the VICP with its original mission: providing a fair and accessible system for addressing vaccine-related injuries. Adding COVID-19 vaccines to the program would demonstrate a commitment to those who have borne the rare but serious burden of vaccine injury in the interest of public health.
As this legal effort progresses, it serves as a reminder of the critical need for comprehensive support mechanisms in our public health framework. Ensuring that all vaccines are included in the VICP is not just a legal obligation but a moral imperative to uphold trust and fairness in vaccination programs.
Source: Brundage v. Becerra, Secretary of HHS, case No. 25-119 (D.D.C. 2025)