The federal government has an established program for vaccine injury claims. As part of the National Childhood Vaccine Injury Act of 1986, Congress created the National Vaccine Injury Compensation Program, or VICP. Vaccine injury claims work differently than a typical injury claim in that they are filed with a petition to The Vaccine Court, a division of the Court of Federal Claims in Washington, D.C. Like a typical injury claim, many individuals also choose to work with a vaccine injury attorney to navigate the process and advocate their best interest.
Eligibility for the Vaccine Injury Compensation Program
Anyone who has been injured after receiving a covered vaccine can file a petition for compensation. Parents, legal guardians and legal representatives can also file on behalf of children, disabled adults, and individuals who are deceased. You must meet certain criteria to be eligible to file a claim. For instance, the effects of the injury must have lasted for more than 6 months after the vaccine was given; or resulted in a hospital stay and surgery; or resulted in death. The statute of limitations requires that your claim be filed within three years from the date of the onset of your symptoms. However, it is best to err on the side of caution in this case and file no later than three years from the date of your vaccination.
Types of Vaccinations and Injuries
Only the vaccines listed on the program’s Vaccine Injury Table are eligible for compensation through the VICP. There are no exceptions. Common vaccines that are eligible include the seasonal influenza vaccine, MMR (measles, mumps and rubella) vaccine, whooping cough vaccine, and the HPV vaccine.
Certain vaccines are known to trigger or cause certain injuries. Compensation is easier if the injury from the vaccine is one listed on the Vaccine Injury Table, maintained by the program. However, if you have suffered an injury from one of the covered vaccines, you may still be eligible for compensation.
VICP Claims and Compensation
There are three categories the Vaccine Injury Compensation Program provides for compensation -- out-of-pocket medical expenses, pain and suffering, and lost or future earnings. Should your case be approved for compensation, the Court then orders the U.S. Department of Health and Human Services to award you your money. Even if your petition is dismissed, as long as certain requirements are met, the Court may order the Department to pay any attorneys' fees and associated costs.
Vaccine Injury Claims Attorney
If you or your child is a victim of a vaccine injury, Brandon J Broderick, Attorney at Law, can help. One of our trusted team members will listen to your story, learn about your case, and can advise you next steps for getting compensation for your injury. Many of our clients feel a sense of relief once they make that first phone call. Get in touch today or call us at 201-514-6351.