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For most qualified claims handled through the National Vaccine Injury Compensation Program, you do not pay your vaccine injury lawyer by the hour or give the lawyer a percentage of your compensation. The federal program pays reasonable attorney fees and legal costs separately, subject to the law and court approval.
Read the fee agreement before signing. A client may sometimes pay a small expense, such as a medical-record charge, and seek reimbursement later. The agreement should identify every cost the firm advances and any cost the client may pay.
My Vaccine Lawyer offers a free case evaluation. If we accept a qualified VICP claim, we do not charge an upfront retainer, send hourly bills, or take a contingency percentage from the client’s compensation.
The court reviews the legal work and case expenses. When the legal requirements are met, the program pays the approved amount separately. This lets an injured person work with an experienced vaccine injury lawyer without using money needed for treatment or household bills.
The written representation agreement controls the details of the attorney-client relationship. Before signing, you should know who advances case expenses, whether any expense could be your responsibility, and what happens if the court reduces or denies a requested cost.
The Vaccine Injury Compensation Trust Fund pays court-ordered compensation and approved attorney fees and costs in VICP cases. The fund is supported by a federal excise tax on covered vaccines. The U.S. Court of Federal Claims decides whether a petition is compensated and what amount is awarded, while HHS makes court-ordered payments.
A lawyer does not simply name a fee and receive it. Counsel submits records of the time spent and the expenses incurred. A special master reviews the request and determines what amount is reasonable.
This fee structure is part of the Vaccine Injury Compensation Program, a no-fault alternative to ordinary civil litigation.
For a VICP petition, federal law states that an attorney may not charge a fee for services connected with the petition in addition to the amount awarded by the special master or court.
In practical terms, the approved legal fee is separate from the money awarded to the petitioner for losses such as pain and suffering, unreimbursed medical expenses, future care, or lost earnings. It is not a percentage taken from those damages.
That separation is important. A person can evaluate how much a vaccine injury case may be worth without subtracting a traditional one-third contingency fee from the potential award.
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Attorney fees and case costs are not the same thing. Attorney fees pay for the lawyer’s time. Costs are expenses needed to investigate, file, and present the claim.
Depending on the case and the representation agreement, possible costs may include:
The Court's guidelines recognize costs paid by the lawyer and costs paid by the petitioner. A client-paid expense, such as a medical-record charge, may be included in a request for reimbursement. Reimbursement is not automatic. The expense must be documented, and the special master decides whether it is reasonable.
Ask the firm to explain its expense policy in writing. The answer should tell you what the firm advances, what you might pay, and whether the firm will seek reimbursement for a cost you paid.
If a petitioner receives compensation, the Vaccine Act requires an award of reasonable attorney fees and other costs. If the petition is not compensated, a special master may still award reasonable fees and costs when the claim was brought in good faith and had a reasonable basis.
Good faith concerns the honest purpose of the claim. Reasonable basis is an objective test. The petition needs factual, medical, and legal support. Unsupported speculation is not enough.
Reasonable basis must continue while the case is pending. If later records or expert review show that the claim can no longer be supported, fees may not be awarded for work performed after reasonable basis ended.
For legal services connected with a VICP petition, counsel may not collect an extra fee from the petitioner in addition to the fee awarded under the program. Court guidance also says counsel may not pursue or accept money from the petitioner in place of, or on top of, the program’s fee-and-cost award.
These rules cover legal services connected with the VICP petition. A separate civil case or a claim under another compensation program may follow different fee rules. The agreement should identify the work it covers.
If a proposed agreement calls the VICP representation a contingency fee or says the firm will take a share of the award, ask for a clear explanation before signing. You can also review common vaccine injury claim questions before the consultation.
VICP is a no-fault program, meaning a petitioner does not have to prove that a vaccine manufacturer, doctor, pharmacist, or nurse was negligent. However, that does not mean every health problem that begins after vaccination qualifies for compensation.
The petitioner still must meet the VICP’s rules. The claim must involve a covered vaccine, satisfy the filing and severity requirements, and present the medical and legal proof required for a Table or off-Table claim. Timing, diagnosis, medical records, and causation evidence can all affect the analysis.
The process takes place in vaccine court, where a special master reviews the petition and the supporting record. A fee award and an injury award are separate decisions, even though both arise in the same case.
A person may prepare and file a VICP petition without hiring a lawyer. HRSA notes, however, that most people hire counsel because the petition is a legal document and the claim proceeds in the U.S. Court of Federal Claims.
The difficult work often goes beyond completing a form. A claim may require collecting records from many providers, identifying the first symptom, applying the Vaccine Injury Table, developing medical causation evidence, responding to the Department of Justice, negotiating damages, and following specialized court rules.
Legal representation does not guarantee compensation. It can help ensure that the claim is investigated, filed, and supported under the correct standard.
A clear fee conversation should happen before the lawyer begins work. Ask these questions:
The answers should be in the written agreement. You should know what the program may pay and what, if anything, could come from your pocket.
COVID-19 vaccine injury claims are generally directed to the Countermeasures Injury Compensation Program (CICP), rather than the VICP. The CICP does not pay or reimburse attorney fees or the cost of using a legal representative. A person who hires counsel for a CICP claim is responsible for that cost.
The two programs have different laws, deadlines, benefits, proof standards, and attorney-fee rules. Identify the vaccine and the correct program before making assumptions about attorney fees.
Claims involving routine vaccines can still fall within the VICP when the vaccine category is covered and the other requirements are met. Review the covered program and the vaccine injury filing deadline as early as possible.
Contact a lawyer as soon as a serious or lasting problem may be connected to a covered vaccine. For the first call, gather the vaccination record, the date and location of the shot, the date symptoms began, provider names, diagnoses, bills, and information about missed work if available.
Early review helps counsel determine whether the vaccine is covered, whether the injury meets the program’s severity rules, and how much time remains to file. It also gives the legal team time to collect records and evaluate reasonable basis before a petition is filed.
My Vaccine Lawyer can review the facts, explain the fee agreement, and identify any cost you could be asked to pay. Start with a free vaccine injury case evaluation.
A consultation with My Vaccine Lawyer is free. For a qualified VICP case, approved attorney fees are paid separately through the program rather than taken from the client's compensation.
Read the agreement and ask about case expenses. A medical-record charge or another documented cost may arise, and the court decides whether requested fees and costs are reasonable.
For a compensated VICP petition, the Vaccine Act requires an award of reasonable attorney fees and costs separate from the client's compensation. An unsuccessful petition may also qualify when it was brought in good faith and had a reasonable basis. The agreement should explain any expense the client might pay.
Court-ordered VICP compensation is paid through the federal Vaccine Injury Compensation Trust Fund. HHS makes the payment after the U.S. Court of Federal Claims enters judgment. The money is not paid by the lawyer, vaccine manufacturer, doctor, or pharmacy.
Not necessarily. The court may award reasonable fees and costs in an unsuccessful VICP case if the petition was brought in good faith and had a reasonable basis. The representation agreement should explain what happens if those requirements are not met or a particular expense is not approved.
No. A VICP lawyer’s approved fee is paid separately and is not a contingency percentage deducted from the petitioner’s compensation.
Reasonable, documented costs for obtaining necessary medical records may be included in a VICP request for fees and costs. The special master decides whether a requested cost is reasonable. Keep receipts for any case expense you pay.
The U.S. Court of Federal Claims charges a filing fee. People who cannot afford it may ask about proceeding without prepayment under the Court’s rules. The amount and waiver procedure can change, so confirm the current requirement before filing.
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Paul Brazil is a native of Dunmore, Pennsylvania and a graduate of Dunmore High School. For his undergraduate education, he attended Bloomsburg University where he majored in political science. He then went on to earn his JD from Widener University School of Law. Following graduation from law school, Mr. Brazil worked at a large Philadelphia civil defense firm where he litigated workers’ compensation claims and Heart and Lung Act cases. In 2012, he joined with his coworker Max Muller to form Muller Brazil.
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