Vaccine Injury Compensation Program Attorneys

National Vaccine Injury Compensation Program Attorney

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 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.

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.

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)

• Anthrax
• Ebola
• Herpes Zoster (Shingles)
• Non-Seasonal Flu
• Pneumovax 23
• Pneumococcal Polysaccharide (PPSV, PPV)
• Rabies
• Smallpox
• 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.

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 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 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.