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Understanding HR5142: Vaccine Injury Compensation Modernization Act of 2023

3 min read
The Vaccine Injury Compensation Modernization Act of 2023, or H.R. 5142, aims to update the way the U.S. handles vaccine injury claims. By increasing compensation amounts and moving COVID-19 vaccine claims into a more robust system, this bill seeks to provide fairer treatment to those affected by vaccine injuries.

What This Bill Does

H.R. 5142 proposes several changes to the National Vaccine Injury Compensation Program (VICP). First, it increases the compensation for vaccine-related deaths from $250,000 to $600,000, with future adjustments for inflation. This means families affected by such tragedies could receive more financial support. The bill also extends the time people have to file a claim from three years to five years. This change is important for individuals who may not immediately connect their symptoms to a vaccine. It gives them more time to gather medical evidence and seek compensation. Additionally, the bill plans to move COVID-19 vaccine injury claims from a separate program into the VICP. This shift would allow those affected by COVID-19 vaccines to access better compensation and legal support, aligning these claims with other common vaccines like the flu shot. Lastly, the bill aims to reduce backlogs in the system by allowing special masters, who oversee claims, to serve multiple terms. It also requires annual reports to Congress to improve transparency and efficiency.

Why It Matters

This bill could significantly impact individuals and families dealing with vaccine injuries. By increasing compensation and extending the filing period, it offers more substantial support to those affected. This is especially important for families who have experienced severe impacts from vaccines. For people who have received COVID-19 vaccines, the bill provides a pathway to fairer compensation and legal processes. By moving these claims into the VICP, it ensures they are treated with the same care and consideration as other vaccine-related claims. Overall, the bill aims to build trust in vaccines by showing that the government stands behind its recommendations. By providing a safety net for rare injuries, it reassures the public that there is recourse if something goes wrong.

Key Facts

  • Cost/Budget Impact: There is no Congressional Budget Office (CBO) cost estimate available, but increased payouts and administrative costs are expected.
  • Timeline for Implementation: Changes would take effect immediately upon enactment, with specific timelines for moving COVID-19 claims.
  • Number of People Affected: Individuals with vaccine injuries, particularly those related to COVID-19 vaccines, would be directly impacted.
  • Key Dates: The bill was introduced on August 4, 2023, and is currently referred to the House Committee on Energy and Commerce.
  • Other Important Details: The bill requires a budget plan for FY 2024–2028 to address resource needs for the VICP.
  • Precedent: The VICP was established in 1986 to provide a no-fault compensation system for vaccine injuries.
  • COVID-19 Claims: Moving these claims to VICP would align them with other vaccines, offering better compensation and legal support.

Arguments in Support

- Modernizes Compensation: Supporters argue that increasing compensation amounts to $600,000 and adjusting for inflation restores the real value of awards, making them fairer for those affected by severe injuries or death. - Fairer Treatment for Delayed Injuries: Extending the filing deadline to five years helps those with injuries that manifest slowly or are not immediately linked to vaccination. - Reduces Inequities: Moving COVID-19 vaccine claims to the VICP provides access to better compensation and aligns them with other vaccines. - Addresses Backlogs: By allowing special masters to serve multiple terms and requiring annual reports, the bill aims to reduce delays and improve the system's efficiency. - Strengthens Vaccine Confidence: Supporters believe that a robust compensation system reassures the public and supports vaccine uptake.

Arguments in Opposition

- Increased Federal Costs: Critics worry that higher compensation caps and more claims could lead to increased payouts and administrative costs, impacting the federal budget. - Potential for More Claims: Extending the statute of limitations and including COVID-19 claims could increase the number of petitions, potentially straining the system. - Impact on Vaccine Costs: There are concerns that higher payouts could lead to increased vaccine prices, affecting supply and affordability. - Incentivizing Unwarranted Claims: Some argue that higher caps and longer filing windows could encourage speculative claims, diverting resources from legitimate cases. - Complex Transition for COVID-19 Claims: Moving COVID-19 claims from one program to another could cause confusion and administrative challenges.
Sources10
Last updated 1/10/2026
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    congress.gov
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    vipbar.org
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    legiscan.com
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    sirvainjury.com

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Understanding HR5142: Vaccine Injury Compensation Modernization Act of 2023 | ModernAction