There is no provision for damages based on pain and suffering.
For people like Jessica McFadden, who said she developed life-threatening blood clots after receiving Johnson & Johnson’s COVID-19 vaccine in April, legal options are unclear. She's not optimistic about her odds of recovering her losses, and it's certain she won't be able to recover any pain and suffering damages under the Countermeasures Injury Compensation Program.
McFadden, 44, said she was previously healthy and needed two emergency surgeries to remove massive clots in her lungs, heart and left leg. She spent nine days in the hospital, racking up $489,153 in medical bills, she said. Her insurance will cover most, but not all of the tab, she said, and she estimates she'll pay up to $7,000 out of pocket.
She emailed me a photo of extracted clots, which she said were removed during an agonizing procedure performed while she was conscious. They are thick and ropy, like nightcrawlers on a surgical tray.
McFadden, who said she has returned to work but is still taking blood thinners, has not spoken publicly of her ordeal until now. “I’m not an anti-vaxxer. I understand the need for the vaccine,” she said. “I was just trying to do the right thing.”
