Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can you sue a COVID vaccine manufacturer for side effects?
No. Under the PREP Act, COVID-19 vaccine manufacturers and administrators have broad federal immunity from lawsuits. Instead, injured individuals must file a claim through the Countermeasures Injury Compensation Program (CICP), which is the exclusive federal remedy for most COVID vaccine injuries in New York and nationwide.
What is the CICP and how do you file a claim in New York?
The Countermeasures Injury Compensation Program (CICP) is a federal program administered by the Health Resources and Services Administration (HRSA) that provides compensation for serious injuries caused by covered countermeasures, including COVID-19 vaccines. NY residents file directly with HRSA, not through state courts. Claims must be filed within one year of the vaccination date or the date you knew the injury was related to the vaccine.
What side effects or injuries qualify for CICP compensation?
The CICP covers serious physical injuries that required medical treatment or hospitalization, or resulted in death. Documented conditions such as myocarditis, anaphylaxis, and other severe adverse reactions may qualify. You must provide medical records linking the injury to the COVID vaccine. Mild or temporary side effects like soreness, fever, or fatigue generally do not meet the threshold.
Are there any other legal options if the CICP denies my claim?
CICP decisions can be appealed internally, but there is no judicial review — you cannot take a denied CICP claim to a NY state or federal court. In rare circumstances where the PREP Act immunity does not apply (such as willful misconduct), a lawsuit may be possible in federal court. A New York personal injury attorney can review the specific facts of your case to identify any available options.