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The Vaccine Injury Claim Process

How the Claim Process Works

A vaccine injury claim is initiated by filing a petition with the Court of Federal Claims in Washington, D.C. The person injured by the vaccine is called the petitioner.

Once the petition is filed, a Special Master is assigned to the case. A Special Master is a specialized judge that handles only vaccine injury claims. The Special Master decides the outcome of the case instead of a jury.

The Department of Health and Human Services (“HHS”) oversees the Vaccine Injury Trust Fund. Therefore, HHS acts as the defendant in these cases. HHS reviews the petition and decides whether to dispute the claim. In many cases, HHS will concede that the vaccine caused the injury, illness, or reaction.

Who Can File a Vaccine Injury Claim?
Time Limit for Filing a Vaccine Injury Claim
Proving a Vaccine Injury Case
Trials in the Vaccine Injury Compensation Program
How Long Does the Claim Process Take?
Role of the Vaccine Injury Attorney
Types of Compensation Awarded

Who Can File a Claim

Syringe needle vaccineYou may file a claim if you received a vaccine covered by the VICP and believe that you have been injured by this vaccine.

You may also file a vaccine injury claim if you are a parent or legal guardian of a child or disabled adult who received a vaccine covered by the VICP and believe that the person was 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.

There is no citizenship requirement. You may file a vaccine injury claim even if you are not a United States citizen.

In addition, to be eligible to file a claim, the effects of the person’s injury must have:

  1. Lasted for more than 6 months after the vaccine was given
  2. Resulted in a hospital stay and surgery
  3. Resulted in death.

Time Limit for Filing a Claim

The statute of limitations (“SOL”) requires that your claim must be filed within three (3) years from the date of onset of symptoms. However, to be safe, our firm recommends that you file no later than three (3) years from the date of your vaccination. In the event of a vaccine-related death, a claim must be filed no later than two (2) years from the date of death.

Proving a Vaccine Injury Case

Our vaccine injury lawyers must prove that:

  1. The injured person received a vaccine listed on the Vaccine Injury Table
  2. That the vaccine caused the injury

 

Medical records are the primary tool for proving a vaccine claim. We will collect all of the medical records prior to filing the claim. In some cases, it is necessary to retain a medical expert to write a report supporting the claim. We have relationships with several medical experts across the country that we utilize to bolster our claims. If the claim goes to trial, these experts are well-versed in testifying before the Special Master.

If our client missed work due to the injury, or will miss work in the future, we will retain a specialist called a vocational expert to testify regarding the lost wages.

In cases where our client suffers from a condition which will require future treatment or care (such as a nurse aide) we retain an expert called a “life care planner” that will project the estimated costs. We will then demand those costs be compensated as well.

Trials in the Vaccine Injury Compensation Program

If HHS does not concede the causation and damages issues of your case, your case could go to trial. While the majority of our cases settle prior to trial, a trial is still a possibility. However, in the event your claim does go to trial, it will not resemble a traditional civil trial. Generally, the Court will try to accommodate you by having the hearing at a federal courthouse near your residence. The hearing will often be held via video-conference. Following the trial, the Special Master will decide your case.

For a more detailed explanation of vaccine litigation procedure and trial procedure, call our vaccine injury attorneys for a free consultation.

How Long Does the Entire Process Take?

This process is designed to be quicker than civil litigation. With some exceptions, it usually is. A hearing on whether the vaccine caused the injury often occurs within a year. Cases that settle can conclude in as little as six months. Other parts of the VICP are extremely cumbersome and can take a long time. For example, once a case is settled, it usually takes six months or more to receive the settlement monies.

The Role of the Vaccine Injury Lawyer

We highly recommend that you hire a vaccine injury lawyer and not attempt to represent yourself in the National Vaccine Compensation Program. Hiring a vaccine attorney comes at no cost to you because the Court pays for all legal fees. The National Vaccine Injury Compensation Program is often a very difficult, contentious, and complex process often involving complicated legal, medical, and factual issues. You need an attorney who knows how to litigate vaccine cases.

Types of Compensation Awarded

The Vaccine Injury Compensation Program provides compensation for three different categories of damages:

  1. Out of pocket medical expenses
    • The Vaccine Program will pay for past and future out-of-pocket medical expenses. The program will not reimburse an injured person for the portion of medical bills paid by insurance. The expense may include custodial care (such as a home health aide) rehabilitation costsmedication, equipment, or other related expenses. There is no limit on the amount a person with an injury may be paid for these types of expenses.
  2. Pain suffering up to $250,000.00
  3. Past or future lost earnings