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Vaccine Injury Court

& Filing a Vaccine Injury Claim

Vaccine Injury Court is through the U.S. Court of Federal Claims in the Vaccine Injury Compensation Program. See how to file a vaccine injury claim here.

 

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What is the vaccine injury court?

Vaccine Injury Court is the venue where all vaccine injury claims are filed and litigated. These claims are litigated via the Vaccine Injury Compensation Program ("VICP"), a federally funded program that provides compensation to those injured by vaccines like the flu vaccine, tetanus vaccine, and MMR vaccine, among others. The program was created after the passing of the National Childhood Vaccine Injury Act of 1986 which focused on the complicated issue of vaccine safety. Vaccine injury claims are not litigated in the same way as traditional civil lawsuits. Rather, they are processed in a special court known as the Vaccine Court with attorneys from the Department of Justice, not the pharmaceutical company.

 

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Hear Cheryl's Vaccine
Injury Story

Cheryl suffered SIRVA (shoulder injury related to vaccine administration) following a flu shot. Her vaccine injury claim was filed in the VICP by vaccine lawyer Max Muller where she obtained a settlement for her injury, lost wages and out of pocket expenses.

 

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How are vaccine injury claims handled?

A vaccine injury claim begins with a petition filed in the Court of Federal Claims in Washington, D.C. Once the petition is filed, a Special Master is assigned to the case. A Special Master is a special judge under the federal government that presides over vaccine injury claims only. The Special Master decides the outcome of the case instead of a jury.

How are lawyer fees paid in vaccine injury cases?

Each year, My Vaccine Lawyer represents hundreds of clients injured by vaccines in the Vaccine Injury Compensation Program. The Department of Health and Human Services (“HHS”) oversees the Vaccine Injury Compensation Program and acts as the defendant in each case of an adverse event. HHS reviews the petition and decides whether to dispute the claim. In many cases, HHS will concede that the vaccine caused the injury, illness, or reaction. Once a case is settled or a verdict is entered, we submit a separate application to the federal court for attorneys fees. Our fees are paid separately through the Vaccine Injury Trust Fund, not by our clients. Each vaccine dose, such as the HPV vaccine or pertussis vaccine, produced by vaccine manufacturers is subject to an excise tax which goes directly to the Vaccine Injury Trust Fund. Therefore, our clients keep their entire settlement or verdict.

 

Meet Our Founders

Vaccine Injury Lawyers

$100+ Million

The amount we've recovered for clients.

4,000

Clients represented across the country in the past 10 years.

1,150+

SIRVA clients represented since 2020.

5 Stars

Average Google review score from past clients.

How are lawyer fees paid in vaccine injury cases?

Each year, My Vaccine Lawyer represents hundreds of clients injured by vaccines in the Vaccine Injury Compensation Program. The Department of Health and Human Services (“HHS”) oversees the Vaccine Injury Compensation Program and acts as the defendant in each case of an adverse event. HHS reviews the petition and decides whether to dispute the claim. In many cases, HHS will concede that the vaccine caused the injury, illness, or reaction. Once a case is settled or a verdict is entered, we submit a separate application to the federal court for attorneys fees. Our fees are paid separately through the Vaccine Injury Trust Fund, not by our clients. Each vaccine dose, such as the HPV vaccine or pertussis vaccine, produced by vaccine manufacturers is subject to an excise tax which goes directly to the Vaccine Injury Trust Fund. Therefore, our clients keep their entire settlement or verdict.

Who can file a vaccine injury claim?

Parents or legal guardians of a child or disabled adult who received a vaccine covered by the VICP can also file a claim. Legal representatives of the estate of a deceased person who received a vaccine covered by the VICP can also file a claim, and may allege that the decedent’s death resulted from the vaccine-related injury. Also, there is no citizenship requirement. You may file a vaccine injury claim even if you are not a United States citizen. In addition, to be eligible to file a claim, the effects of the person’s 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.

 

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My Vaccine Lawyer

What is the statute of limitations for filing a vaccine injury claim?

The statute of limitations (“SOL”) requires that your claim be filed within three (3) years from the date of onset of symptoms. However, 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 of the injured person's death and within four (4) years of their first symptom or onset of injury.

 

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The role of a vaccine injury lawyer

We highly recommend that injured parties hire a vaccine injury lawyer and do not attempt to represent themselves in the Vaccine Injury Compensation Program. Hiring a vaccine attorney comes at no cost to the the injured party as the Vaccine Injury Trust Fund pays for all legal fees through an excise tax on the vaccine maker. The National Vaccine Injury Compensation Program is often a very difficult, contentious, and complex process often involving complicated legal, medical, and factual issues. Our attorneys are experienced in litigating complicated claims and resolving disputes that may arise during the process.

 

Meet Founding Partner Max Muller

 

Vaccine Lawyer

I reached out to My Vaccine Lawyer after confirming I suffered from SIRVA. They were so helpful, understanding and thorough throughout the process. They were quick to respond, always answered the phone and I feel they fought to get me what I was entitled to. If you suffered from an injury then please call My Vaccine Lawyer. They will take care of you!

- Melissa Heffley, SIRVA Client

 

 

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