Let’s all gently convince the HHS Secretary to FINALLY publish a Countermeasures Injury table for COVID-19 vaccines!! It is required by the PREP Act itself!!!
To apply for CICP compensation, a claimant must file a request for benefits within one year of the date the countermeasure was administered. (If the Secretary publishes a new Countermeasure Injury Table, a newly eligible claimant may file within one year after the new table is established.)
42 U.S. Code § 247d-6e(5)(A)Covered countermeasure injury table
The Secretary shall by regulation establish a table identifying covered injuries that shall be presumed to be directly caused by the administration or use of a covered countermeasure and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused such covered injury.
According to the HRSA’s Countermeasures Injury Compensation Program (CICP) Resources page, no table has been published!
“Even though a countermeasure injury table for COVID-19 countermeasures has not been established yet, requesters who demonstrate that their injury occurred as the direct result of the administration or use of a covered countermeasure based on compelling, reliable, valid, medical, and scientific evidence, may be eligible for compensation.”
This carcass can come back to life!!
Don’t forget:
“The PREP Act 42 C.F.R. § 110.3(s) PREP Act means the Public Readiness and Emergency Preparedness Act, codified as sections 319F–3 and 319F–4 of the PHS Act (42 U.S.C. 247d–6d, 42 U.S.C. 247d–6e).”[1]
The first section (42 U.S.C. 247d–6d) defines covered persons, serious physical injury, etc., and the second section (42 U.S.C. 247d–6e) governs the covered countermeasure process.
[1] https://www.ecfr.gov/current/title-42/chapter-I/subchapter-J/part-110/subpart-A/section- 110.3
Here's a question for you Ray. Since the PREP Act says if someone is harmed or disabled by a countermeasure, they are barred from filing suit to recover damages for that disability. Doesn't this discrimination based on disability violate the ADA by by restricting their access to federal courts, i.e. a public service?