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To: The United States Congress and The United States Senate
HHS/HRSA's Failed CICP Program and Request to Help American Citizens
Urgent Action Required: Addressing the Failures of the CICP
I am writing to bring to your attention the critical issues surrounding the Countermeasures Injury Compensation Program (CICP) and the urgent need for reform to align it with Congressional intent.
As you may know, Congress enacted the Public Readiness and Emergency Preparedness Act (PREP Act) to grant immunity to providers and drug manufacturers for administering covered countermeasures during public health emergencies. In exchange for this immunity, the CICP was established to provide compensation for serious injuries or deaths resulting from these countermeasures. Unfortunately, despite the tragic impact on families, the CICP has failed to compensate any claims related to non-vaccine countermeasures, reflecting a shocking 0% approval rate.
Statistics reveal that as of November 1, 2024, out of 13,520 claims filed, 3,438 have been decided, with every non-vaccine claim denied. The CICP has spent millions on administrative expenses while providing zero compensation to victims’ families. The requirement for claimants to prove that the countermeasure was the sole cause of death, a standard that is impossible to meet, has resulted in a complete denial of claims, especially since many decedents had COVID-19.
Moreover, our investigations have uncovered troubling evidence of systemic issues within the CICP, including secret guidance for case reviewers that encourages the search for unrelated causes of injury, effectively leading to arbitrary denials. This has led affected families to feel that their rights have been stripped without recourse for justice.
In light of these failures, we have filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the CICP’s causation standard. We believe the standard should be that the administration of covered countermeasures was a direct cause of death, not the sole cause.
As you prepare to take office and consider the future of the CICP, I urge you to prioritize the reform of this program. Congress has already expressed concerns regarding its mismanagement, and it is essential that the rights of victims’ families are restored and that compensation is provided as intended.
I am writing to bring to your attention the critical issues surrounding the Countermeasures Injury Compensation Program (CICP) and the urgent need for reform to align it with Congressional intent.
As you may know, Congress enacted the Public Readiness and Emergency Preparedness Act (PREP Act) to grant immunity to providers and drug manufacturers for administering covered countermeasures during public health emergencies. In exchange for this immunity, the CICP was established to provide compensation for serious injuries or deaths resulting from these countermeasures. Unfortunately, despite the tragic impact on families, the CICP has failed to compensate any claims related to non-vaccine countermeasures, reflecting a shocking 0% approval rate.
Statistics reveal that as of November 1, 2024, out of 13,520 claims filed, 3,438 have been decided, with every non-vaccine claim denied. The CICP has spent millions on administrative expenses while providing zero compensation to victims’ families. The requirement for claimants to prove that the countermeasure was the sole cause of death, a standard that is impossible to meet, has resulted in a complete denial of claims, especially since many decedents had COVID-19.
Moreover, our investigations have uncovered troubling evidence of systemic issues within the CICP, including secret guidance for case reviewers that encourages the search for unrelated causes of injury, effectively leading to arbitrary denials. This has led affected families to feel that their rights have been stripped without recourse for justice.
In light of these failures, we have filed a lawsuit in the U.S. District Court for the District of Columbia, challenging the CICP’s causation standard. We believe the standard should be that the administration of covered countermeasures was a direct cause of death, not the sole cause.
As you prepare to take office and consider the future of the CICP, I urge you to prioritize the reform of this program. Congress has already expressed concerns regarding its mismanagement, and it is essential that the rights of victims’ families are restored and that compensation is provided as intended.
Why is this important?
Urgent: Seeking Justice for Families Affected by CICP Mismanagement
I am writing to draw your attention to a critical issue regarding the Countermeasures Injury Compensation Program (CICP) that demands immediate judicial intervention.
As you may be aware, American citizens who filed claims with the CICP currently have no recourse if the Secretary makes a final determination regarding their claims, as stipulated in 42 U.S.C. § 239a(f), which prohibits any judicial or administrative review of final determinations. In an effort to prevent their claims from being permanently barred, our clients have filed a lawsuit in the U.S. District Court for the District of Columbia. This lawsuit seeks the Court's review of the CICP's application of an incorrect and impossible legal causation standard, which has led to a staggering 100% denial rate for non-vaccine COVID-19 benefit applications.
We believe the standard of review should require proof that the administration of one or more covered countermeasures was "a direct cause" of death for our clients’ loved ones, rather than the “sole” direct cause. According to 42 C.F.R. §110.33(a), eligible survivors may receive a death benefit if the Secretary determines that an eligible countermeasure recipient sustained a covered injury and died as a direct result of that injury or its health complications. Unfortunately, the CICP has not adhered to this standard.
It is vital that you understand these issues before taking office and replacing Secretary Becerra as a Defendant in the lawsuit. We urge you to take action to rectify the failures of the prior administration.
Moreover, it is important to note that members of Congress and civilians have expressed concerns regarding the mismanagement of the CICP, as detailed in the attached letter. They seek clarity on how Congressionally allocated funds are being utilized and how causation is being determined by the CICP. Regrettably, the funds appear to be directed towards administrative expenses and government contractors rather than aiding the victims. The causation standard currently employed is nearly impossible to meet, as it requires proving that the countermeasure was the sole and direct cause of death, despite the fact that all decedents had COVID-19.
Citizens were administered emergency-use drugs that were untested and unsafe, and they cannot pursue medical malpractice claims or recover through ordinary means due to the PREP Act. The CICP has proven to be a false promise for these families.
We trust that you will take the necessary steps to correct the wrongs associated with the CICP and provide much-needed closure to the affected families. Justice is imperative, and we appreciate your attention to this urgent matter.
I am writing to draw your attention to a critical issue regarding the Countermeasures Injury Compensation Program (CICP) that demands immediate judicial intervention.
As you may be aware, American citizens who filed claims with the CICP currently have no recourse if the Secretary makes a final determination regarding their claims, as stipulated in 42 U.S.C. § 239a(f), which prohibits any judicial or administrative review of final determinations. In an effort to prevent their claims from being permanently barred, our clients have filed a lawsuit in the U.S. District Court for the District of Columbia. This lawsuit seeks the Court's review of the CICP's application of an incorrect and impossible legal causation standard, which has led to a staggering 100% denial rate for non-vaccine COVID-19 benefit applications.
We believe the standard of review should require proof that the administration of one or more covered countermeasures was "a direct cause" of death for our clients’ loved ones, rather than the “sole” direct cause. According to 42 C.F.R. §110.33(a), eligible survivors may receive a death benefit if the Secretary determines that an eligible countermeasure recipient sustained a covered injury and died as a direct result of that injury or its health complications. Unfortunately, the CICP has not adhered to this standard.
It is vital that you understand these issues before taking office and replacing Secretary Becerra as a Defendant in the lawsuit. We urge you to take action to rectify the failures of the prior administration.
Moreover, it is important to note that members of Congress and civilians have expressed concerns regarding the mismanagement of the CICP, as detailed in the attached letter. They seek clarity on how Congressionally allocated funds are being utilized and how causation is being determined by the CICP. Regrettably, the funds appear to be directed towards administrative expenses and government contractors rather than aiding the victims. The causation standard currently employed is nearly impossible to meet, as it requires proving that the countermeasure was the sole and direct cause of death, despite the fact that all decedents had COVID-19.
Citizens were administered emergency-use drugs that were untested and unsafe, and they cannot pursue medical malpractice claims or recover through ordinary means due to the PREP Act. The CICP has proven to be a false promise for these families.
We trust that you will take the necessary steps to correct the wrongs associated with the CICP and provide much-needed closure to the affected families. Justice is imperative, and we appreciate your attention to this urgent matter.
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