As we all continue to navigate the aftermath of COVID-19, as the end of this crisis is finally in sight, you may be wondering if you are eligible for certain financial compensation and additional resources to aid in your COVID-19 relief and recovery. From stimulus checks, pandemic unemployment assistance, mortgage and rent relief to food stamps and meal programs, the U.S. government has been active in issuing various forms of relief and financial assistance to citizens during this crisis. 

Beyond these forms of relief, you may qualify for additional financial assistance or relief that fits into the category of a covered countermeasure. 

We will be exploring what a covered countermeasure is here in more depth, to help you determine if your particular situation falls into the category of a covered countermeasure, so you can possibly move forward with seeking additional compensation or relief.

So, what is a covered countermeasure? 

If you are trying to Google this question, then you are most likely seeking some kind of compensation due to an injury or other adverse effects you have recently sustained. You may have read that in order to be eligible for compensation of this nature your injuries or adverse 

effects you were subject to must fit into the category of a “covered countermeasure.”

A countermeasure refers to various materials or resources used to diagnose, prevent or treat a declared pandemic, epidemic or security threat such as a vaccination, medication, device or other item.

In general, if you used a product or item that has been approved, cleared, or licensed by the FDA (this also includes investigational use) then it will most likely fall under the category of a covered countermeasure. 

Here’s the big question: 

Would materials used to diagnose, prevent or treat COVID-19 such as COVID-19 tests and vaccinations be considered covered countermeasures?

Yes, they can be. 

Let’s dive deeper into all the kinds of materials a covered countermeasure includes: 

  • Any antiviral, any other drug, any biologic, any diagnostic, any other device, any respiratory protective device, or any vaccine, used a) to treat, diagnose, cure, prevent, mitigate or limit the harm from COVID-19, or the transmission of SARS-CoV-2 or a virus mutating therefrom, or b) to limit the harm that COVID-19, or the transmission of SARS-CoV-2 or a virus mutating therefrom, might otherwise cause; or any device used in the administration of any such product, and all components and constituent materials of any such product;
  • Respiratory protective devices that may not be medical devices, provided they are approved by the National Institute for Occupational Safety and Health (NIOSH) and subject to an Emergency Use Authorization (EUA) issued by the FDA; and
  • Any drug, device, or biological product authorized for emergency use with respect to COVID-19 under an EUA, described in an EUI and issued by the Centers for Disease Control and Prevention (CDC), or being researched under certain investigational provisions.

Here is a broader definition of a covered countermeasure:

  1. A qualified pandemic or epidemic product;

a drug, biological product, or device that is:

  • manufactured, used, designed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a pandemic/epidemic, or limit the harm such pandemic/epidemic might otherwise cause; or to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by such a drug, biological product, or device; or intended to enhance the use or effect of these drugs, biological product, or devices; and
  • approved, licensed, or cleared by the FDA; authorized for emergency use by the FDA; permitted to be used pursuant to federal law in conditions inconsistent with its approval, clearance, or licensing; shipped and held by a government agency or someone working on that agency’s behalf for emergency use only when authorized; or exempted by the FDA for use as an investigational drug or device under research for possible use to diagnose, mitigate, prevent, treat, cure, or limit harm of a pandemic or epidemic or life-threatening condition caused by such a drug or device.
  1. A security countermeasure:

a drug, biological product, or device that HHS determines to be a priority:

  • to treat, identify, or prevent harm from any biological, chemical, radiological, or nuclear agent identified as a material threat by the Secretary of Homeland Security, or to treat, identify, or prevent harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug, biological product, or device against such an agent;
  • is determined by HHS to be a necessary countermeasure to protect public health; and
  • is approved, cleared, or licensed by the FDA; may reasonably be determined to qualify for approval or licensing within eight years after HHS decides to purchase the countermeasure; or authorized for emergency use by the FDA.
  1. An unapproved drug, biological product, or device used under an EUA issued by the FDA;
  2. An approved drug, biological product, or device used pursuant to federal law in conditions that are in consistent with its approval; and
  3. An unapproved drug, biological product, or device, or an approved drug, biological product, or device intended for an unapproved use, that is intended for emergency use and shipped and held by a government agency or someone working on that agency’s behalf for use only when that use is authorized.

if you sustained or are currently suffering from an injury or other adverse effect due to COVID-19 countermeasures such as testing materials or vaccinations, you may be eligible for compensation or relief for your injuries. 

Declarations have been issued for medical countermeasures against COVID-19 according to the information outlined in the Countermeasures Injury Compensation Program (CICP) as part of HRSA (Health Resources & Services Administration). Therefore, you or a loved one may qualify for financial compensation or relief. 

If you are still confused after reading this or unsure if you qualify for financial compensation or relief due to a COVID-19 countermeasure, feel free to contact us for a no-cost review of your situation.