UPATE: Who's liable for any damages resulting from a forced vaccination.

Here’s the answer, according to the Congressional Research Service

Update:

Yesterday I asked who would pay for any injuries, damages or anything bad that’s the result of mandatory Covid vaccinations. I now have an answer: President Biden is home free. As you might suspect, he’s not personally responsible–We taxpayers are.

Here’s a link to the impartial Congressional Research Service March 22 2021 article headlined, “Compensation Programs for Potential COVID-19 Vaccine Injuries.”

It’s worth reading the entire article if you are interested in the details. In quick summary, a government agency, the Countermeasures Injury Compensation Program (CICP can provide compensation for such damages as death, pain and suffering, uncovered hospital expenses and lost wages. Certain benefits are capped.

Apparently the program is not widely known, having had only only 551 claim filings since its enactment in 2005. Of those 450 were ruled ineligible ad only 29 claims have been paid, amounting to $6 million.

Read closely and you’ll find possible alternatives, but you’ll have to wade into a bureaucratic swamp to understand the process and ramifications. Here’s an example: The regs covering a petition. The article indicates a few recommendations for Congress to improve the program.

Good luck.

Related: Australia’s vaccine compensation program.

Here’s my original post from yesterday:

Hadn’t occurred to me until the below question showed up in my inbox.

Say I’ve already been vaccinated or that I have natural immunity from a prior Covid infection. Say that I become ill. Or have serious side effects.? Or that I need to be hospitalized? Go on a ventilator? Or that I die?

Is President Joe Biden going to pay damages to my widow for getting me killed? What about lost wages? Is my employer required to pay for those, whatever my union contract says about sick days? Must I get a booster? The questions are endless.

Any lawyers out there who would like to comment?

Type your email address in the box and click the “create subscription” button. My list is completely spam free, and you can opt out at any time.

Filed under: Uncategorized

Tags: Vaccine mandate

Comments

Leave a comment
  • What's even a better question is whether Governor DeSantis an Governor Abbott are liable for refusing to mandate that children wear masks in school. The Delta variant has proven to infect children younger than 12 for whom no vaccination has been approved by the CDC. Their actions are certainly unethical if not crimnal and should be the basis of a suit if and when children in their states contract the virus and die.

  • In reply to Aquinas wired:

    The master of the non-sequitur.

  • In reply to Aquinas wired:

    Way to obscure the subject. DeSantis is refusing to force anyone to do something they may not want to. Parents can still have a choice to mask their children. Something not invasive to their body. Forcing someone to inject a foreign substance into their body without a choice under the threat of losing their job or livelihood is an entirely different proposition. Very poor comparison on your part.

  • In reply to Get out of IL now!:

    "DeSantis is refusing to force anyone to do something they may not want to." Instead of encouraging them to do the right thing.for the common good.

  • In reply to Aquinas wired:

    I wonder why our own governor hasn't mandated weight loss as it is the biggest comorbidity for Covid, not to mention diabetes and cardiac problems, and cancer. He should order that for the common good, starting with the menus in public schools across the state. If your BMI is over 30 no welfare or SNAP, no purchases of fast food, no access to schooling, no allowance for driving. Why O Why hasn't he? He could lead by example --- for months and months and months. Pritzker must be a Republican.

  • In reply to Richard Davis:

    Odd that you make fun of Governor Pritzker's avoirdepois but not mention your leader, Trump's obesity. But shame on you for fat shaming anyone.

  • In reply to Aquinas wired:

    What is it with the "your leader' refrain from every Leftist? My "leader" is a Jewish carpenter. People need to be fat-shamed, for their own good. But there's more... also for the good of society, one of your favorite topics. Fat people are ill people with rare exceptions. They get diabetes, heart disease, and cancer. They use a higher percentage of medical facilities. Trump probably got as ill as he did with Covid due to his excess weight. Fat people should be denied access to restaurants, not be allowed to eat at fast-food restaurants, and, like Delta Airlines is doing to the unvaccinated, be charged a
    premium for healthcare coverage. I doubt you will have a problem with these restrictions. Problem is, in your world nobody is shambed for anything, no matter how bad the behavior or act. The only shame you can find in an individual is that that person might be a registered Repubican.

  • In reply to Richard Davis:

    "For I say unto you, That except your righteousness shall exceed the righteousness of the scribes and Pharisees, ye shall in no case enter into the kingdom of heaven."

    Matthew 5:20

  • In reply to Aquinas wired:

    My reply to use is to read the above and apply it to yourself. And add Matthew 7:3.

  • In reply to Aquinas wired:

    Is the "right thing" what you say it is or should people have a choice?
    As others have said, is the "right thing" not smoking, not eating fatty foods and sweets, not drinking to excess, not driving over the speed limit, all for the common good. Where does it stop? Are you the ultimate authority for the "right thing" and the "common good"? Ever try to do the right thing and get people to stop smoking? I do it to patients every day, some for years, and even though they know it's the right thing, it doesn't work, their choice.

  • As long as the shots are EUA, and they ALL still are, nobody is liable. The FDA recently approved Corminaty and extended Pfizer's EUA with their current shot. Corminaty is not on the market and won't be for some time. So the shots United Airlines and others are ordering for their employees are still EUA. Had Corminaty been on the market the Pfizer, Moderna, and Johnson/Johnson shots would by law have to be withdrawn. You know how you can tell that the shots are still EUA? They cannot be marketed on television or elsewhere. Even after Corminaty is on the market Pfizer's liability will be extremely limited, as are most vaccine manufacturers. .

  • The "DeSantis on the brain" obsession strikes the man again.

  • why do masks have to be mandated? if you want to wear a mask, wear a mask...do other people have to make every decision in your life?

Leave a comment