Vaccine Injury Program
Vaccine injury claims are not like traditional personal injury claims and require a lawyer admitted to the vaccine court in Washington, DC.
Vaccine Court: not your usual court. In 1986 Congress created the National Vaccine Injury Compensation Program (NVICP) to award compensation to victims of vaccine injury. Vaccine injury claims are filed in the United States Court of Federal Claims in Washington, DC where it will be heard by a special master. A lawyer from the Department of Justice, who represents the Secretary of Health and Human Services, will defend the case. If the special master finds that the individual suffered a vaccine injury, compensation will be awarded for the injured person’s past and future medical needs, future lost wages, and past and future pain and suffering.
The program pays for your lawyer. Importantly, lawyer’s fees and costs are paid separately out of the same Vaccine Injury Fund from which awards of compensation are paid, so you don’t have to pay your lawyer with your own money and the lawyer’s fees and costs do not come out of the award of compensation for your vaccine injury.
You only have three years to file your claim. For a vaccine related injury, your claim must be filed within 3 years after the first symptom of the vaccine injury.
For a vaccine related death, your claim must be filed within 2 years of the death and 4 years after the start of first symptom of the vaccine-related injury from which the death occurred.
Vaccine injuries can be often very complicated, painful and lifelong. Injuries compensated by the Vaccine Injury Compensation Program include the following:
- Allergic Reaction/Anaphylaxis
- Autoimmune Disorders
- Blood Clots
- Blood Disorders
- Bowel Injury
- Brain Damage
- Chronic Fatigue
- Nerve Damage
Most vaccines are covered by the program. The Vaccine Injury Compensation Program covers all vaccines recommended by the Centers for Disease Control (CDC). As a result a vast majority of vaccines available on the market are covered by the VICP. Vaccine injuries caused by the following vaccines are covered by the Vaccine Injury Compensation Program:
- Haemophilus influenzae type b (Hib)
- Hepatitis A (HAV) vaccines
- Hepatitis B (HBV) vaccines
- HPV vaccine (Gardasil)
- Influenza (TIV, LAIV)
- Measles, mumps, rubella (MMR)
- Meningococcal (MCV4, MPSV4)
- Pneumococcal conjugate (PCV)
- Polio (OPV or IPV)
- Rotavirus (RV)
- Tetanus (DTaP, Tdap, DTP-Hib, DT)
- Varicella (VZ)
If you or a loved on have suffered a vaccine related injury contact Tina Huntington of Wall Huntington Law Firm online or by phone at 316-265-6000 for a free consultation.