Your medical records

Do you need to have them certified to file a claim in the CounterMeasures Injury Compensation Program

Certifying your medical records to file a claim in the Vaccine Court (NVICP) is a common step. That is why you need an experienced vaccine injury attorney to help you every step in this process.

It is very time consuming, very expensive for the petitioner if they try it on their own.

Now it appears that filing a petition for compensation from a COVID-19 related vaccine, drug or medical device, requires the same approach. But you do not have an attorney with you to help gather the records from doctors, clinics and hospitals.

The CounterMeasures Injury Compensation Program (CICP) was established as an administrative process. And no reimbursement for attorney fees that could help you file an accurate petition. The administrative process was sold to Congress as a way to streamline the overall process. Good in theory, horrible in application.

I am hearing reports from individuals who received letters from HRSA asking them for certified medical records as the “preferred” method of obtaining accurate records. Preferred is an interesting term to describe what type of records are acceptable.

And then after phone calls back to HRSA, the “preferred” been changed to certified medical records are only accepted. No other records will be accepted.

This administrative process is now adding more roadblocks for petitioners.

And no where in the statutes of the law regarding the CICP mentions “certified” copies of medical records are the only acceptable documents.

The Act of 1986 that established the NVICP did not mention how medical records should be obtained and filed with the petition. It wasn’t until around 2015 that medical records should be obtained by an attorney and certified as to being a complete set without missing documents. Special Masters did allow exceptions and tried to accommodate parties having difficulties with records.

Around 2019 with the appointment of Brian Corcoran to Chief Special Master in the Federal Court of Claims, did it become a requirement for all petitions filed in the NVICP.

Yet this was not the case in the CICP. I have a copy of 1 petition filed back in 2010 (furnished by the petitioner) in the CICP claiming the H1N1 vaccine (swine flu) caused GBS. And this petitioner was successful in her claim. Yet the medical records were not certified. She obtained her medical records from a clinic for several years previous to the vaccine and records showing her diagnosis. But once again, no certification.

Now it appears that HRSA has initiated a new policy for COVID petitions. If it is a policy change, then their website must be updated to reflect this change. As of today’s date of April 18th, it has not. Here is the section dealing with how to file medical records in the CICP.

42 CFR § 110.50 - Medical records necessary for the Secretary to determine whether a covered injury was sustained.

§ 110.50 Medical records necessary for the Secretary to determine whether a covered injury was sustained.

(a) In order to determine whether an injured countermeasure recipient sustained a covered injury, a requester must arrange for his or her medical providers to submit to the Program the following medical records, as defined in § 110.3(p):

(1) All medical records documenting medical visits, procedures, consultations, and test results that occurred on or after the date of administration or use of the covered countermeasure; and

(2) All hospital records, including the admission history and physical examination, the discharge summary, all physician subspecialty consultation reports, all physician and nursing progress notes, and all test results that occurred on or after the date of administration or use of the covered countermeasure; and

(3) All medical records for one year prior to administration or use of the covered countermeasure as necessary to indicate an injured countermeasure recipient's pre-existing medical history.

My week just a bit more interesting and focused. I will let you know what I find from HHS communications office.

Keep learning, keep challenging yourself and always, always question authority.