India has set a precedent that governments have a duty of care to individuals who suffer rare but serious COVID-19 vaccine injuries. In March 2026, the Supreme Court of India directed the government to develop a no-fault compensation policy for serious COVID-19 vaccine adverse events, acknowledging that when vaccines are promoted for the benefit of public health, those harmed should not be left without support.

The United States, however, has yet to find a workable solution for individuals injured by COVID-19 vaccines. Most vaccine injury claims are handled through the National Vaccine Injury Compensation Program (VICP), which provides a legal framework for compensation without requiring proof of traditional negligence. COVID-19 vaccine claims, however, are excluded from that program and instead must go through the Countermeasures Injury Compensation Program (CICP), a system widely criticized because it only covers severe injuries or fatalities caused by approved emergency treatments with a one-year statute of limitations. In addition, it does not allow individuals harmed by the COVID-19 vaccine to claim damages for pain and suffering.

Recognizing vaccine injuries and providing a fair path to compensation does not undermine the importance of vaccines for public safety. In fact, transparent compensation systems strengthen public trust by acknowledging that while vaccines are overwhelmingly safe, rare adverse events can occur and those affected deserve support.

It is the opinion of Hultquist Law, P.C. that the United States government also has a duty of care to individuals who suffer serious COVID-19 vaccine injuries. The Department of Health & Human Services should take a page out of India’s book and add COVID-19 vaccine injuries to the VICP. Hultquist Law, P.C. will continue to monitor legislative developments regarding this important issue. If you have questions or believe you may have a COVID-19 vaccine injury claim, or any other vaccine injury claim, please contact Hultquist Law, P.C. for more information.