Overview of Liability & Compensation Issues with ... - HRSA

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VICP Cases • VICP parties have not agreed on the meaning of these provisions. • Special Masters and judges have not come to a consensus. – Some say can bring in utero claim. • Interpret “received” broadly to match remedial nature of the statute. – Some say cannot bring in utero claim. • Interpret “received” narrowly. Expression of one indirect method (oral polio exception) is the exclusion of all other indirect methods (in utero receipt). • One petition rule not widely addressed by special masters. • No cases have reached the Federal Circuit. No binding precedent. Not settled one way or the other.
Issues with Coverage of Vaccines • Vaccines under development (RSV, GBS), if approved, may only be exclusively recommended for pregnant women. • Statute limits covered vaccines to vaccines that are “recommended for routine administration in children.” • How can these vaccines attain coverage?
Page 1 and 2: Overview of   Liability and Compe
Page 3 and 4: Process • Eligible individual mus
Page 5 and 6: Not Eligible? • Not required to f
Page 7: Relevant Statutory Language • Pet
Page 11 and 12: CICP • Provides compensation for

Overview of Liability & Compensation Issues with ... - HRSA

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