About The National Vaccine Injury Compensation Program
Experience Needed for Vaccine injury Compensation
While vaccines are designed to help Americans avoid serious diseases, in rare circumstances individuals develop adverse reactions to the immunization and/or suffer an injury from the vaccination.
The National Vaccine Injury Compensation Program (VICP) was established to ensure that there is an accessible forum for people injured by these vaccines. The VICP is a no‑fault alternative to the traditional tort system. The VICP provides compensation to people found to be injured by certain vaccines.
Who is Eligible to File a Claim?
You may file a claim if you or your child received a vaccine covered by the National Vaccine Injury Compensation Program, and believe that you have been injured by this vaccine. You may file a claim if you are the legal representative of the estate of a deceased person who received a vaccine covered by the VICP, and believe that the person’s death resulted from the vaccine injury. You may file a claim even if you are not a United States citizen as long as the vaccine was administered in United States.
How Long Do I Have to File My Claim in the National Vaccine Injury Compensation Program After My Vaccinations?
With respect to a vaccine‑related injury, the statute of limitations requires that you file a claim with the U.S. Court of Federal Claims within 3 years from the onset of first symptoms. In the event of a vaccine‑related death, a claim must be filed no later than 2 years from the date of death.
Court Procedure in VICP Claims
The law requires that claims for vaccine injuries be brought in the U.S. Court of Federal Claims, Office of the Special Masters instead of against vaccine manufacturers or your health care provider. The Court is located in Washington D.C. Every vaccine injury claim is heard by a “special master” who is the Trial Judge and has presiding authority.
The Department of Justice appoints a lawyer to represent the Secretary of Health and Human Services to defend the case. We can provide advocacy for the Petitioner. If the Special Master decides that the injuries were caused by a vaccination, then the Special Master will decide the amount of compensation the Petitioner is entitled to.
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VICP Payouts
Administered by the U.S. Department of Health and Human Services, the VICP offers a no-fault alternative to traditional litigation, providing financial support for individuals who have suffered vaccine-related injuries.
If you believe that you or a loved one has experienced a vaccine-related injury, consult with an experienced attorney who is knowledgeable about the VICP. We can guide you through the process of filing a claim and help ensure that all necessary documentation is gathered and presented effectively for the best chance of receiving a payout.
To start the process, you will need to file a petition with the U.S. Court of Federal Claims. Once your petition is filed, it will go through a review process. A special master and medical expert will evaluate your case and determine if it meets the VICP’s criteria for compensation. This includes proving that the vaccine caused your injury or illness and that it falls within the program’s designated list of vaccines.
If your petition is approved, you may be eligible for compensation. The amount you receive will depend on factors such as the severity of your injury, the impact it has had on your life, and any medical expenses or lost wages you have incurred as a result.
When filing a claim with the VICP, compensation is not automatically guaranteed. The program has specific criteria that must be met in order to qualify for compensation. These criteria include:
- The type of vaccine received
- The timing of the injury
- The severity of the injury
One of the advantages of seeking compensation through the VICP is that it provides a quicker and less adversarial process compared to a traditional lawsuit. The program is designed to compensate individuals for injuries resulting from the administration of covered vaccines, regardless of whether any fault can be attributed to the vaccine manufacturer, healthcare provider, or any other party.
In order to successfully get your VICP payout, always work with an attorney who has experience in this specific area of law. Contact our experienced vaccine injury lawyers at (888) 891-2816 for a free consultation and legal assistance through the National Vaccine Injury Program.