Vaccine Injury Attorneys in Los Angeles
Our experienced Los Angeles attorneys represent victims who have been injured from vaccines. If you or your loved one have been injured by a vaccine, contact our Los Angeles attorneys today for a free no risk consultation.
Have you or a loved one been injured because of the vaccine injury? Help is available by our Los Angeles vaccine injury attorneys. It is important that you seek our assistance immediately since waiting could potentially result in having your entire case dismissed. It is imperative to get and retain the legal services of a competent vaccine injury attorney. Vaccine injury claims differ from regular standard personal injury claims.
You do not have to pay for our Los Angeles vaccine injury attorneys upfront, which means that we will get started on your legal claims at no cost to you. Vaccine injuries are very rare. Vaccines have been able to combat some of the deadliest and most dangerous diseases in the United States, however vaccine injuries are still likely to occur.
If you or a loved one have sustained any injuries as a result of a vaccine, there is financial compensation available to you. This is through the National Vaccine Injury Program. However, it is very important that you meet all of the elements in order to file a claim. That is why it is very important to hire an experienced vaccine injury attorney to assist you when filing your claims under the National Vaccine Injury Compensation Program.
The National Vaccine Injury Compensation Program (VICP) is a compensation program created by the federal government. This program is specifically for those who have been injured by taking vaccines and made it possible for vaccine injury victims to receive compensation. It was created by Congress through the National Childhood Vaccine Injury Act (NCVIA) in 1986.
In order to file a claim, the person who was injured files for a petition to receive compensation from the Department of Health and Human Services. The attorneys at the United States Department of Health and Human Services review the claims, and investigate to determine how the injuries were caused. Special hearings are held, and the case is heard before the court, similar to trial.
The Vaccine Act establishes that the plaintiff does not have to prove that the at fault party did anything wrong to cause their injury. This is also considered a “no fault” system. All that the plaintiff must show is that they received the vaccine that is covered by the Act (see below for list of vaccines), and the vaccine caused them to suffer an injury or an illness. A petition against the Department of Health and Human Services is considered a federal lawsuit. It is important to be represented by an experienced vaccine injury compensation attorney. An experienced attorney will know the specific steps to take when asserting compensation for vaccine injuries.
If your claim is approved, you will be able to receive compensation for your injuries. But, if your claim is denied it may be because:
- It was filed too late
- It does not meet the elements needed to prove a vaccine injury
- Your attorney may not have been adequately prepared
- Your case was not properly filed
It is very important that you need a highly competent Los Angeles vaccine attorney to represent you in order to make sure that your claim is adequately represented efficiently and competently.
Our Los Angeles vaccine injury attorneys have decades of experience representing injured victims throughout California.
How Are Injuries Characterized Under the Vaccine Act?
Common injuries are considered to be listed on the “vaccine table.” But any injuries that are not that common are considered a “table injury.” If the injury is not listed under the vaccine injury table, the plaintiff must show the relationship between receiving the vaccine and how the vaccine caused the injury. The plaintiff must also show that there were no outside intervening effects that caused the injury or illness. The cases that are not listed under the vaccine injury table are complex cases that involve neurological symptoms or rheumatological symptoms.
Vaccine Injury Or Medical Malpractice?
Sometimes, certain circumstances may be a result of medical malpractice rather than a vaccine injury claim that must be filed under the Vaccine Injury Compensation Program. Many are not aware that they could file a lawsuit for medical malpractice instead. For example, if the vaccine was injected incorrectly, and resulted in injuries to the nerves, you may have a claim against the healthcare provider who injected you and / or the hospital under a medical malpractice claim. It is very important to determine what is the cause of your vaccine injuries. If the cause of the injuries was because of the way it was administered, you may have a claim for medical malpractice rather than a claim against the actual vaccine itself. To determine whether you have a claim of medical malpractice, contact our Los Angeles medical malpractice attorneys today.
Vaccines Covered by the National Vaccine Injury Compensation Program (VICP)
The VICP covers the following vaccinations.
- Diphtheria (DTP, DTaP, Tdap, DT, Td, TT)
- Haemophilus influenza type b polysaccharide conjugate vaccines (Hib)
- Hepatitis A (HAV)
- Hepatitis B (HBV)
- HepA+HepB, HepB+HIB
- Human papillomavirus (HPV)
- IPV (Inactivated poliovirus vaccine)
- Measles, Mumps, Rubella (MMR, MR, M)
- Meningococcal (MCV4, MPSV4, MenB-FHbp, MenB-4C)
- Pertussis (DTP, DTaP, Tdap)
- Pneumococcal conjugate (PCV)
- Polio (OPV or IPV)
- Rotavirus (RV)
- Rubella (MMR, MR, R)
- Seasonal influenza (Flu)
- Tetanus (Td)
- Varicella (VAR, Chickenpox)
COVID-19 vaccine injuries may be covered and eligible to recover damages from COVID-19 treatment.
Vaccines NOT Covered by the National Vaccine Injury Compensation Program (VICP)
- Herpes Zoster (Shingles)
- Non-Seasonal Flu
- Pneumovax 23
- Pneumococcal Polysaccharide (PPSV, PPV)
- Tuberculosis (TB)
- Typhoid Fever
- Yellow Fever
The Countermeasures Injury Compensation Program (CICP) is another government program that may cover these such as COVID-19, Anthrax, Acute Radiation Syndrome, Botulism, Smallpox, Ebola, and H1N1 influenza.
When should I file my vaccine injury claim?What is the statute of limitations for a vaccine injury claim?
The vaccine injury program has very specific deadlines that you must meet. If you file your claim after the deadline, you lose your right to seek compensation for your vaccine injury. The statute of limitations limits the amount of time a plaintiff has to file a vaccine injury lawsuit. The statute of limitations for a vaccine injury is 3 years from the date of the symptoms, or two years after the date of death.
That means that if you file your claim after this time period, you could risk losing your entire claim, and not receiving any compensation for your vaccine injuries.
It is important to remember that the date that begins the statute of limitations is not the date of the vaccine, but the date of the injury. The limitations period starts from the date of symptoms. However, there are some requirements that are explained under the National Vaccine Injury Compensation Program. For example:
- Symptoms of anaphylaxis after a vaccine must occur within 4 hours of being vaccinated
- Symptoms of shoulder injuries must manifest within 48 hours of vaccination
- Symptoms of Vasco vagal syncope must manifest within one hour of vaccination
If these symptoms manifest days, even weeks after vaccination, you may have a weak claim when filing your vaccination claim with the program. To determine whether you fall under any of these exceptions, contact our vaccine injury attorneys today.
Vaccine Injury Attorney Help
We recommend getting legal help from a vaccine lawyer for the VICP filing process. It can be difficult to go through the filing process and can be complex when covering medical information and damages/injuries incurred. You will have to show evidence of your injuries with medical records/opinions, expert witness testimony, and other information that will prove the vaccine caused your injuries/condition. Our team will help you every step of the way so you can get the maximum compensation for your vaccine injury.
How Does the Vaccine Injury Compensation Program work?
In the rare case where someone has a bad reaction to a vaccine, the VICP process is as follows:
- You or your attorney will file a petition with the United States Court of Federal Claims to get started. The VICP is a no-fault alternative which is different from other traditional legal systems designed to resolve vaccine injury petitions.
- The United States Department of Health and Human Services will review the petition with their medical staff to see if it meets the medical criteria for your compensation. A preliminary recommendation will be given.
- A court-appointed special master will review the report, a hearing will take place with both parties to present evidence, and the court-appointed special master will decide if the petitioner should be compensated for their injuries.
- Next, the United States Department of Health and Human Services will be ordered by the Court to award the petitioner if it is deemed that they are eligible for compensation. Attorney fees and costs may also be included in the award.
- The decision from the court-appointed special master can be appealed. A claim may be filed in civil court against the company that provided the vaccine and the health care provider that administered the vaccine to the patient.
What information do you need to file a vaccine injury claim?
Our attorneys need a variety of different information in order to file a claim with the vaccine program. The first and most important document we need is your medical record. These medical records must state the different doctors you have seen and the different treatments you have received. You must have proof of getting a vaccine. You must also have proof of sustaining injuries after receiving the vaccine. We will have to provide these medical records to the court for your vaccine injury claim.
What Types of Damages Could I Receive for My Vaccine Compensation?
There are several types of damages you could receive as compensation for your injuries from a vaccine. These include:
- Pain and suffering
- Medical costs
- Lost wages due to the injury
- Medical Equipment
- Life care plans
- Future treatments
If the vaccine caused someone to pass away, their family could receive a death benefit of $250,000.
Who Could File a Claim for the Vaccine Injury Compensation Program?
There are different types of elements that the plaintiff must meet in order to file a claim for the Vaccine Injury Program.
- The injured person must have received a vaccine that is covered.
- The injury must last for more than six months after the vaccination date.
- The vaccine must have been administered in the United States.
- You must bring the claim within three years after the first symptom. The statute of limitations time period is 3 years. That is why it is important to hire an attorney that is experienced in the Vaccine Injury Compensation Program and has represented injured vaccine receivers in the past.
Who testifies in court for my vaccine injury claim?
There are many different parties that could testify in your favor and on your behalf in court when filing your vaccine injury claim with the program. The different parties that could testify include:
- Your family members
- Your friends
- Your co-workers
- Your doctor’s
- Any expert doctors that have been hired to prove the vaccine injury
How long will my vaccine injury claim take?
Vaccine injury claims that are filed with the program take oftentimes years depending on the circumstance of the case. For example, if there are multiple parties involved, if the vaccine resulted in several different types of injuries, or if you are claiming a variety of different compensation damages, such as pain and suffering, your vaccine claim will most likely take several years in order to be determined by the program. However, there are various different ways we can speed up the process. For more information, contact us today with your vaccine injury claim.
Who Pays the Costs of the Vaccine Injury Compensation Program?
Our attorneys will collect legal fees from the petition with the court. The federal government will have to pay legal fees in a vaccine injury compensation claim. This means that you may not have to pay for the advance of all costs of litigation.
How much does a vaccine injury attorney cost?
If your claim is approved by the National Vaccine Injury Compensation Program, your attorney’s fees will be paid for. That means that we will never bill you for handling your vaccine injury case. Our attorneys will be paid by the federal government, and we will not deduct your vaccine injury claims if you win. That means the compensation awarded by the vaccine injury program will all go to your benefit.
Contact Our Vaccine Injury Compensation Attorneys Today
If you or a loved one have been injured or sustained an illness as a result of a vaccine, contact our attorneys today for free case consultation. During this consultation, we will discuss the merits of your vaccine injury, and determine how you could potentially qualify for the Vaccine Injury Compensation Program. Our attorneys have extensive years of experience representing vaccine injury compensation clients. We have offices located in every major city in California and Nevada.
During your vaccine injury compensation consultation with our attorneys, you will speak directly with an attorney who will help assess your situation and determine the merits of your vaccine injury claim. It is important to note that the Vaccine Injury Compensation Program court is located in Washington DC, but there could be several telecommuting options in order to be accessible to the plaintiff. We will take care of all the legal hurdles while you focus on healing from your vaccine injuries.
Our lawyers will guide you through the legal process, and make sure that you are well informed every step of the way regarding your vaccine injury claim.
Our Los Angeles vaccine injury attorneys have represented those who have been injured by a vaccine in various cities in Los Angeles County, including, but not limited to: Los Angeles, Santa Monica, Beverly Hills, Long Beach, La Mirada, Pasadena, Malibu, Burbank, Compton, Glendale, Whittier, Torrance, Calabasas, West Hollywood, Culver City, Pomona, Lancaster, Norwalk, Santa Clarita, Downey, Palmdale, Hidden Hills, Arcadia, East Los Angeles, Rowland Heights, Montebello, El Monte, La Puente, Hawthorne, Redondo Beach, San Gabriel, San Dimas, Rancho Palos Verdes, Glendora, Alhambra, Carson, Manhattan Beach, gardenia, Cerritos, Marina Del Rey, West Covina, Covina, Monterey Park, South Gate, El Segundo, Lakewood, Rosemead, Commerce, Bellflower, Baldwin Park.
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