Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue over a COVID-19 vaccine injury in New York?
Direct lawsuits against COVID-19 vaccine manufacturers are largely barred by the PREP Act, which grants broad liability protection. Most NY residents injured by a COVID vaccine must seek compensation through the Countermeasures Injury Compensation Program (CICP), a federal no-fault program. An attorney can review your specific circumstances to identify any available legal avenues.
What is the CICP and how does it differ from VICP?
The CICP (Countermeasures Injury Compensation Program) covers COVID-19 vaccines and other pandemic countermeasures; it is administered by HHS and offers more limited benefits and harder evidentiary standards than the Vaccine Injury Compensation Program (VICP). The VICP covers routinely recommended vaccines like flu shots, not COVID-19 vaccines. If your injury stems from a non-COVID vaccine administered in New York, VICP is the appropriate program.
What injuries qualify for a COVID vaccine injury claim?
The CICP covers serious physical injuries directly caused by a covered countermeasure, including myocarditis, pericarditis, anaphylaxis, and other documented adverse reactions to COVID-19 vaccines. You must provide medical records establishing the injury and its causal link to the vaccine. New York practitioners familiar with vaccine injury documentation can strengthen your file significantly.
What is the deadline to file a COVID vaccine injury claim in New York?
CICP claims must generally be filed within one year of the date of vaccination or the onset of the covered injury — this federal deadline supersedes New York state statutes of limitations for these claims. If your potential claim involves a non-COVID vaccine or a separate negligence theory, New York's 3-year personal injury statute of limitations under CPLR §214 may apply. Do not delay; consult an attorney immediately to protect your rights.