Vaccines are a cornerstone of modern public health, protecting millions of people from serious and life-threatening diseases. The vast majority of vaccinations are administered without any issues. However, in rare instances, individuals may experience a significant adverse reaction, leading to what is legally recognized as a vaccine injury. If you or a loved one in Ohio are in this difficult situation, you are likely feeling anxious, uncertain, and concerned about the future. You may be facing unexpected medical bills, time away from work, and significant pain and suffering.

It is a common misconception that if you suffer a vaccine-related injury, you can simply file a personal injury lawsuit against the vaccine manufacturer or the healthcare provider who administered the shot. The reality is much more complex. Decades ago, to ensure a stable supply of vaccines and to streamline the process for those injured, the federal government established specific programs to handle these claims. The primary system, the National Vaccine Injury Compensation Program (VICP), has awarded over $4.5 billion in total compensation to thousands of families since its inception in 1988, demonstrating that a path to recovery exists.

This article will walk you through the legal avenues available to Ohio residents who have sustained a vaccine injury. We will explain the primary federal programs, the types of compensation available, and why securing a knowledgeable vaccine injury attorney is a vital step in protecting your rights.

Your Options for Vaccine Injury Compensation in Ohio

For individuals in Ohio and across the United States, the path to receiving compensation for a vaccine injury does not typically run through state civil courts. Instead, it is governed by federal law and managed through two distinct, specialized programs. These programs were created to handle claims in a "no-fault" environment, meaning you do not have to prove that the pharmaceutical company or your doctor was negligent.

The focus is on whether a covered vaccine likely caused your injury. The two primary systems for seeking compensation are

1. The National Vaccine Injury Compensation Program (VICP)
2. The Countermeasures Injury Compensation Program (CICP)

Which program applies to your situation depends almost entirely on the specific vaccine that was administered. Understanding the differences between them is the first step in determining your legal recourse.

The National Vaccine Injury Compensation Program (VICP): Your Primary Path

Established by the National Childhood Vaccine Injury Act of 1986, the VICP is the main forum for most vaccine injury claims. It covers a wide range of routine vaccines recommended for children and adults by the Centers for Disease Control and Prevention (CDC).

The VICP is a federal trust fund financed by a small excise tax on each dose of a covered vaccine. Since its inception, the program has paid out billions of dollars to thousands of individuals who have suffered adverse reactions.

Which Vaccines Does the VICP Cover?

The VICP maintains a "Vaccine Injury Table" that lists the vaccines covered by the program and the injuries and conditions scientifically associated with them. This list is updated periodically and includes many common vaccines, such as

• Seasonal influenza (flu shots)
• Tetanus, Diphtheria, and Pertussis (Tdap/DtaP)
• Measles, Mumps, and Rubella (MMR)
• Human Papillomavirus (HPV)
• Hepatitis A and Hepatitis B
• Varicella (chickenpox)
• Meningococcal vaccines
• Pneumococcal conjugate vaccines

If your injury is listed on the Table and your symptoms began within the specified timeframe, the program presumes the vaccine caused the injury unless another cause is proven. However, even if your specific injury is not on the Table, you can still file a claim. You will simply have a higher burden of proof and must demonstrate through medical evidence and expert testimony that the vaccine was the most likely cause of your condition.

What Kind of Vaccine Injury Compensation is Available?

The VICP is designed to provide comprehensive financial support to help victims manage the consequences of their injury. A successful claim can result in compensation for:

• Past and future medical expenses: This covers everything from hospital stays and surgeries to physical therapy, medication, and necessary home modifications.
• Lost wages: If the injury prevented you from working, you can be compensated for past and future loss of earnings.
• Pain and suffering: The program allows for a monetary award for the physical and emotional distress caused by the injury, capped at a maximum of $250,000.
• Death benefit: In the tragic event that a vaccine injury results in death, the victim's estate may receive a death benefit, which is also capped at $250,000.

One of the most significant features of the VICP is that it pays for the petitioner's legal fees. This means you can hire an experienced vaccine injury lawyer at no out-of-pocket cost to you, regardless of whether you win or lose your case. The program pays your attorney's fees separately from your compensation award, ensuring you receive the full amount you are entitled to.

Navigating the VICP Process with a Vaccine Injury Lawyer

Filing a claim with the VICP is not a simple administrative task; it is a formal legal proceeding. The process takes place in the U.S. Court of Federal Claims in Washington, D.C., often referred to as the "vaccine court."

Here is a simplified overview of the steps involved:

1. Filing a Petition: Your vaccine injury attorney will file a detailed legal petition on your behalf. This document outlines the facts of your case and is supported by all your relevant medical records.
2. HHS Review: The petition is reviewed by medical staff at the Department of Health and Human Services (HHS). They will make a preliminary recommendation as to whether the claim should be compensated.
3. DOJ Response: Attorneys from the Department of Justice (DOJ), representing HHS, will then respond to your petition. They may concede that the vaccine caused the injury, or they may contest the claim.
4. Special Master Decision: Your case is assigned to a "Special Master," who is a specialized judge who presides over vaccine court proceedings. The Special Master reviews evidence from both sides, may hold hearings with expert witness testimony, and ultimately decides the outcome of your case.

This process is adversarial. The DOJ has experienced attorneys whose job is to defend the government's position. Having a skilled vaccine injury lawyer on your side is essential to level the playing field and effectively argue your case.

Strict Deadlines for Filing a VICP Claim

The VICP has a very strict statute of limitations. You must file your petition within:

• Three (3) years from the first symptom or manifestation of your injury.
• Two (2) years from the date of death, if the injury was fatal.

If you miss this deadline, your claim will be barred forever, no matter how strong your case is. It is imperative to contact an attorney as soon as you suspect a vaccine-related injury.

The Countermeasures Injury Compensation Program (CICP)

The second, more limited program is the CICP. This program was established to provide benefits for injuries or deaths resulting from "countermeasures" used during a declared public health emergency or security threat. This includes vaccines, medications, and devices, with the most prominent recent example being the COVID-19 vaccines.

While the CICP serves a purpose, it is significantly more difficult for claimants to navigate and offers far fewer benefits than the VICP.

Why the CICP Presents a Higher Hurdle

There are several key differences that make obtaining compensation through the CICP challenging:

• Higher Burden of Proof: Unlike the VICP's no-fault standard, the CICP requires you to prove causation with "compelling, reliable, valid, medical, and scientific evidence." This is a very high bar to clear. There is no table of presumed injuries.
• Limited Compensation: The CICP only covers lost wages and out-of-pocket medical expenses. It does not provide any compensation for pain and suffering.
• No Attorney's Fees: The program does not pay for your legal fees. If you hire an attorney, you must pay them out of your own pocket or from any award you might receive.
• Extremely Short Deadline: The statute of limitations for the CICP is only one (1) year from the date the countermeasure was administered.
• No Judicial Review: Decisions are made by HHS, and there is no appeal to a court or Special Master. The decision of the program is final.

Given these limitations, securing compensation through the CICP is exceptionally rare. However, for an injury related to a covered countermeasure like a COVID-19 vaccine, it is the only program available.

Can You File a Traditional Vaccine Injury Lawsuit in Ohio?

A common question from those injured in Ohio is whether they can bypass the federal programs and file a traditional vaccine injury lawsuit against the manufacturer. In almost all cases, the answer is no.

The same 1986 law that created the VICP also provided broad liability protection to vaccine manufacturers. This was done to prevent companies from exiting the market due to rising lawsuit costs, which could have jeopardized the nation's vaccine supply.

As a result, you cannot sue a vaccine manufacturer for a vaccine-related injury or death unless you have first completed the entire VICP process and rejected the court's decision. Only then might you have the option to pursue a civil lawsuit, but this path is exceedingly rare and complex.

Choosing the Right Vaccine Injury Attorney for Your Ohio Claim

Because all vaccine injury claims are handled in a federal court in Washington, D.C., you are not limited to hiring an attorney in Ohio. In fact, it is to your advantage to select a lawyer or law firm that concentrates specifically on this niche area of law, regardless of where they are located.

An experienced vaccine injury attorney in OH will understand the unique procedures of the vaccine court, have access to a network of qualified medical experts, and know how to build a compelling case against the skilled attorneys at the Department of Justice. They can manage your case from anywhere in the country, handling all filings and communications electronically and by phone.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you or a family member in Ohio has experienced a serious adverse reaction after a vaccination, you do not have to face this journey alone. The path to compensation is complex and governed by strict rules and deadlines. The attorneys at Brandon J. Broderick, Attorney at Law, have the specialized experience needed to navigate the U.S. Court of Federal Claims and fight for your rights.

We understand the science and the law behind these unique cases. We are dedicated to helping our clients secure the financial resources they need to cover medical care, lost income, and the profound impact the injury has had on their lives.

Contact us today for a free and confidential consultation to discuss your case. Let us help you understand your legal options and fight for the justice you deserve.