There is a lot in the news these days about the risks associated with routine vaccinations that most of us have received. One government program can provide great help to people who have been injured by vaccines.
The National Vaccine Injury Compensation Program (the “VICP”) was established by federal law in 1988. It is a little known program that provides people injured by vaccines the opportunity to be compensated for their injuries without having to go to court. The program provides a method by which injured people can file a claim for damages without having to show fault. It is a “no-fault” system in which the claimant does not need to show that the vaccine manufacturer is at fault for the injuries. Rather, the claimant must show that he or she was injured by the vaccine, after which a board determines what the compensation will be. Three government agencies – the Department of Health and Human Resources, the Department of Justice, and the United States Court of Federal Claims – are involved in deciding whether a particular claimant deserves to be compensated for injuries suffered as a result of a vaccine, and if so, how much.
There is a specific list of vaccines that are covered by the program:
Diptheria, Tetanus and Pertussis (DTP)
Type B Influenza
Hepatitis A and B
Human papillomavirus (HPV)
Seasonal Flu Vaccines
Measles, Mumps and Rubella (MMR)
Meningoccal
Polio
Pneumococcal Conjugate
Rotavirus (Stomach Flu)
Varicella (Chicken Pox)
If you are injured by one of these vaccines, you can file a claim with the VICP rather than suing the manufacturer in court. The claim form asks for some basic information about your claim, and the majority of the “proof” you need to process the claim is your medical records. The claim is reviewed by people who work for the Department of Justice and the Department of Health and Human Resources, and if it is decided that the claim has merit, a “Special Master” appointed by the United States Court of Federal Claims decides whether compensation should be paid, and if so, how much.
In order to receive compensation, a person injured by a vaccine must show that he or she suffered an adverse reaction as a result of the vaccine within a certain amount of days, or was otherwise injured by the vaccine. Claims must be filed within 3 years of the first symptom of the injury, or, in the case of death, within 2 years of the death or 4 years after the start the first symptom of the injury which led to the death.
There are limits on what can be recovered. For injuries, persons can receive amounts to cover their past and future medical expenses, up to $250,000 for pain and suffering, lost wages, and (if they have hired a lawyer) reasonable legal fees and costs. For deaths, the estate of the deceased person can recover up to $250,000 and reasonable legal fees and costs. Since the program first started in the late 1980s, approximately 2,500 people have been compensated a total of approximately $1.975 billion, and in addition had their attorneys’ fees paid. Each case is obviously different, but the numbers show that the VICP can be the good way to get reasonable compensation, without having to go through the long, drawn out process of litigation.
The process may seem simpler than filing a lawsuit, but it is best to have a lawyer involved on your behalf, to make sure that all of your legal rights are protected. If you or someone you know has been injured by one of the
covered vaccines, please contact us to discuss your legal rights.
