While you are not required to have an attorney, the process for submitting and substantiating a claim can be complex, uncertain and time consuming, thus warranting the retention of a dedicated and knowledgeable healthcare lawyer. Before the CICP can award benefits, it must first determine that the death or injury was a direct result of covered countermeasure treatment received for COVID-19. The CICP review board has staff doctors and medical professionals that complete a complex review of the medical records, pharmacy records and lab studies, when applicable, and documents submitted. Although not required, COVID-19 Relief Resources will be conducting our own independent analysis with our team of experts with the goal of producing a medical-legal expert report for submission to Health Resources and Services Administration. This team of experts includes registered nurses, many of whom have personally worked on drug clinical trials for new drugs designed to treat COVID-19, who will review medical records and medication therapy regimen, as well as lab studies where necessary, to determine the covered countermeasures your loved one may have received and whether the covered countermeasure was the cause of death. We are also working with medical experts who work directly on the front line treating private patients and military patients in the fight against COVID-19, as well as performing research on the COVID-19-related deaths.
These experts are reviewing medical and scientific research studies and FDA approved documents on the countermeasures (e.g., Drug Product Label, Medication Guide, Patient Package Insert), in an effort to support the “causation” element required to prove that the covered countermeasure was a “direct result” of death. Due to CDC, State, and Local guidelines that have prohibited post-mortem examinations of COVID-19 victims, we believe that the involvement of this team of experts who will conduct their own complex review of medical records will bolster your potential claim. Further, the right of appeal is extremely limited and is completed solely based on the documents submitted when the original benefits determination is made. As a result, no new documents will be considered on appeal. This underscores the importance of using an attorney to submit your claim with the appropriate documents in order to bolster your claim and to protect your rights on appeal.