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.
There is no citizenship requirement to file. However, the vaccine must have been given in the United States or its trust territories. The only exemptions to this rule are for persons who:
- received the vaccine and, at the time of vaccination, was a U.S. citizen serving abroad as a member of the Armed Forces or as an employee of the U.S. Government, or a dependent of such a citizen; or
- the vaccine's manufacturer was located in the United States and the person who received the vaccine returned to the United States within 6 months after the date of vaccination.
Furthermore, you must meet the following criteria to be eligible to file a claim. 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. If your case involves a vaccine-related death, your claim must be filed no later than two years from the date of death.
The injury must also be caused by one of the vaccines covered under the VICP.
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. 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.