No one receives a vaccine with the expectation of suffering a severe adverse reaction or injury. However, in a small percentage of vaccine administrations, serious injuries do occur. Often, the recipients that do suffer a reaction are stigmatized by others, including medical professionals, who do not fully understand the medical causal relationship between vaccines and the associated adverse reactions.
Our vaccine injury attorneys are well-versed in the dangerous effects and conditions that can be caused by vaccines and have litigated thousands of vaccine injury cases in the Vaccine Injury Compensation Program. In addition, we work closely with the best medical specialists in orthopedics, neurology, and immunology so that we can constantly evolve and better represent our clients. With the support of our medical experts and our experience in vaccine claim litigation, we are the best ally an injured party can have in a vaccine claim. Here’s why:
Many of our clients have already discussed their case with a family friend or local personal injury attorney before they find us. These conversations can be misleading, as vaccine injury compensation is a very specialized type of Federal litigation involving complex legal, medical, and scientific issues. These are not “local” cases and cannot be filed in state courts by a local personal injury attorneys practice.
Our attorneys are specially licensed to practice in the U.S. Court of Federal Claims and only handle vaccine claims. Since vaccine injury litigation is a highly specialized area of practice, there are few practicing attorneys in the vaccine injury field. Our vaccine attorneys focus exclusively on this area.
Over the past few years alone, our attorneys have litigated thousands of vaccine injury cases through settlement or trial. We know the defenses raised by the Department of Justice attorneys and prepare each case with the specific goal of combating those defenses. Our efforts have achieved some of the best results in the program in recent years.
We operate with a mind toward client satisfaction. We keep our clients updated through each step of the process and explain potential problems and case strategy as we progress. We take pride in providing an outstanding client experience along with compensating our clients to the fullest extent that the VICP allows.
Am I responsible for paying my own attorneys’ fees and costs? No. Unlike civil lawsuits, an injured party does not pay their attorney a percentage of the settlement/winnings. In vaccine injury claims, our fees and costs are paid from the Vaccine Injury Trust Fund – the same fund that pays the injured party’s compensation. Therefore, our clients keep every penny of their compensation.
Are individuals who receive a covered vaccine outside of the United States eligible to file a claim with the National Vaccine Injury Compensation Program? It depends. If a person received a vaccine covered by the NVICP outside of the United States or its trust territories, he or she may be eligible for compensation if: (1) the person was, at the time of vaccination, a U.S. citizen serving abroad as a member of the Armed Forces or as an employee of the U.S., or a dependent of such a citizen; or (2) the vaccine’s manufacturer was located in the U.S. and the person returned to the U.S. within 6 months after the date of vaccination.
Do you represent clients in my state? Yes. My Vaccine Lawyer represents clients in all fifty states and trust territories of the United States.
How do I report a vaccine injury? The government created a system called VAERS, which stands for Vaccine Adverse Event Reporting System. Ask your doctor, nurse, or health department to file a Vaccine Adverse Event Reporting System (“VAERS”) form. You can also call VAERS yourself at 1-800-822-7967.
How long do I have to file my claim? The statute of limitations requires that your claim must be filed within three (3) years from the date of onset of symptoms. However, to be safe, our firm recommends that you file no later than three (3) years from the date of your vaccination. In the event of a vaccine-related death, a claim must be filed no later than two (2) years from the date of death.
How long does the entire process take? This process is designed to be quicker than civil litigation. A hearing on whether the vaccine caused the injury often occurs within a year. Cases that settle can conclude in as little as a few months. However, depending on the complexity of your case, it may take over one year for the claim to resolve.
If my condition is not listed in the vaccine injury table can I still file a claim? Yes. As long as you receive a vaccine listed in the Vaccine Injury Table and the vaccine caused your illness, injury or condition, you may file a claim and receive compensation.
What damages can I recover? A vaccine claim may result in the following compensation:
What vaccines are covered in the National Vaccine Injury Compensation Program?
Where does the compensation come from? Parties injured by vaccines are paid from the Vaccine Injury Trust Fund. This trust fund is supported by a tax on vaccine manufacturers. The manufacturers pay a tax on each dose of a vaccine that is put into circulation. Compensation for vaccine injury victims as well as attorneys’ fees and costs are paid by the trust fund. The amount in the fund fluctuates, but it usually contains over $3 billion.
Why was the vaccine program created? In the early 1980’s, news reports of serious side effects from the DTP (Diphtheria, Tetanus, Pertussis) vaccine caused some to question the safety of the vaccine. Lawsuits were filed against vaccine manufacturers, doctors, and nurses. Some vaccine companies decided to stop making vaccines, which created vaccine shortages and threatened the public health. The potential crisis led to Congress enacting a new law to compensate those found to be injured by childhood vaccines. The new program, called the National Vaccine Injury Compensation Program, prevents civil lawsuits against vaccine manufacturers, doctors, nurses, and pharmacists. The program directs that all claims for vaccine injuries or illnesses be filed with the NVICP. The program took effect in 1988.
Will I have to go to court? Probably not, but it is possible. Most vaccine cases are settled before trial. Since the Vaccine Court is located in Washington, D.C., it is sometimes quite a distance from the injured party’s home. Therefore, the Court will sometimes allow the injured party to participate by videoconference at the nearest federal courthouse.
The Health Resources & Services Administration recently released a Vaccine Injury Compensation Program infographic which helps explain the claim process, compensation fund, covered vaccines, and case timeline from beginning to end. We pride ourselves on providing the most up-to-date and latest vaccine news and information through our website and our social media presence. Our digital properties have become a consistent and dependable resource for anyone looking to educate themselves on the vaccine industry. We provide the most credible news, studies, clinical trials, and post relevant stories through our blog and social media platforms. Below are a few vaccine injury resources:
Page last reviewed and updated: November 24, 2020