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Around the nation: Lawsuit challenges federal vaccine injury compensation program


A lawsuit filed last month in the U.S. District Court for the Western District of Louisiana argued the federal Countermeasures Injury Compensation Program (CICP) is the "epitome of a kangaroo court or a star chamber — a proceeding that ignores recognized standards of law and justice, is grossly unfair, and comes to a predetermined conclusion," in today's bite-sized hospital and health industry news from Georgia, Maryland, and Louisiana.

  • Georgia: CDC last week announced it's expanding its Traveler-based Genomic Surveillance program to include detection of flu, respiratory syncytial virus, and other respiratory viruses alongside COVID-19. The pilot program will last several months, and any samples that test positive for the viruses will be sequenced and uploaded to public databases. Cindy Friedman, chief of CDC's Travelers' Health Branch, said the program "acted as an early warning system to detect new and rare variants of the SARS-CoV-2 virus and will do the same for other respiratory viruses going forward." (CDC press release, 11/6)
  • Maryland: CMS has proposed a new policy that aims at protecting older Americans from contracting HIV by providing them with preexposure prophylaxis (PrEP) drugs for free. Under the plan, PrEP drugs — which can cost more than $20,000 a year — will be fully covered under Medicare in pill form and as long-acting injectables. (Scaturro, KFF Health News, 11/8)
  • Louisiana: A lawsuit filed last month in the U.S. District Court for the Western District of Louisiana argued the federal CICP is the "epitome of a kangaroo court or a star chamber — a proceeding that ignores recognized standards of law and justice, is grossly unfair, and comes to a predetermined conclusion." The CICP is intended to provide compensation for serious injury or death that results from the administration of a countermeasure of some kind, such as a vaccine, to address a public health emergency. The plaintiffs in the case argue the Public Readiness and Emergency Preparedness Act of 2005 that was used to create the CICP should be struck down "to the extent it fails to provide basic due process protections, transparency, and judicial oversight." The plaintiffs added that CICP "as it functions now is fundamentally inconsistent with Congress' intent. CICP claims are consistently lost, ignored, denied, or caught up in the years-long purgatory of government bureaucracy." As of October 1, there have been 12,233 CICP claims related to COVID-19 countermeasures. The CICP has compensated six of those claims — five for myocarditis and one for anaphylaxis. (Henderson, MedPage Today, 11/8)

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