Smallpox Vaccine Injury Compensation Program

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Smallpox Vaccine Injury Compensation Program

The Smallpox Emergency Personnel Protection Act of 2003, Public Law

108-20, 117 Stat. 638, authorized the Secretary of Health and Human Services to

establish the Smallpox Vaccine Injury Compensation Program. The program was

appropriated $42 million to provide benefits and/or compensation to eligible

individuals.

How to Request Benefits

HHS Secretary Tommy G. announced an interim final rule that

describes eligibility criteria and the process for requesting benefits on

December 11, 2003.

a.. Forms & Instructions for filing a claim

b.. Covered Injuries Table

c.. Fact Sheet

d.. Press release: HHS Issues Rules for Smallpox Vaccine Injury

Compensation

To be eligible, an individual must be a:

a.. Smallpox Vaccine Recipient, defined as:

a.. a health care worker, law enforcement officer, firefighter,

security personnel, emergency medical personnel, other public safety personnel,

or support personnel for such occupational specialties who has volunteered and

been selected to be a member of a smallpox emergency response plan prior to the

time at which the Secretary publicly announces that an active case of smallpox

has been identified within or outside of the United States;

b.. who is or will be functioning in a role identified in an

HHS-approved smallpox emergency response plan (a Plan);

c.. to whom a smallpox vaccine is administered pursuant to a

Plan during the effective period of the Declaration.

b.. Vaccinia Contact, defined as:

a.. someone who contracted vaccinia during the effective period

of the Declaration (or within 30 days after the end of such period);

b.. prior to contracting vaccinia, was accidentally inoculated

by a smallpox vaccine recipient or a contact of such a person.

c.. Survivor of a smallpox vaccine recipient or a vaccinia contact

who died as a direct result of a medical injury covered by this Program, or

d.. Representative of an estate of a deceased smallpox vaccine

recipient or vaccinia contact.

A Covered Injury is defined as an injury that the Secretary

determines:

a.. meets the requirements of the Table (which is presumed to be

the direct result of the administration of a smallpox vaccine or accidental

vaccinia inoculation); or

b.. was more likely than not, the direct result of:

(A) the administration of a covered countermeasure (including the

smallpox vaccine) during the effective period of the Declaration, in the case of

a smallpox vaccine recipient; or

( vaccinia contracted through accidental vaccinia inoculation

(and not the result of receiving a smallpox vaccine) during the effective period

of the Declaration (or within 30 days after the end of such period), in the case

of a vaccinia contact.

c.. Covered Injuries Table

Individuals who have injuries not in the Table injuries also may be

considered eligible for benefits if their injuries can be shown to be the direct

result of the smallpox vaccine, other covered countermeasures or vaccinia. Minor

injuries are not covered.

Official Documents

a.. Smallpox Vaccine Injury: New System of Records (11-03-2003)

b.. Smallpox (Vaccinia) Vaccine Injury Table Interim Final Rule

(08-27-2003)

c.. Smallpox Emergency Personnel Protection Act of 2003

(04-30-2003)

d.. Declaration Regarding Administration of Smallpox

Countermeasures (01-28-2003)

Contact: smallpox@... or 1-888-496-0338

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Health Resources and Services Administration

U.S. Department of Health and Human Services

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5600 Fishers Lane

Rockville, land 20857

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