Vaccine injury
lawsuits

Common Vaccine Injury Lawsuit Questions

• Am I responsible for paying my own attorneys’ fees and costs?

  No, you are not responsible for attorney fees. Unlike civil lawsuits, an injured party does not pay their attorney a percentage of the settlement/winnings. In vaccine injury claims, our fees and costs are paid from the Vaccine Injury Trust Fund – the same fund that pays the injured party’s compensation. Therefore, our clients keep every penny of their compensation.

• Are individuals who receive a covered vaccine outside of the United States eligible to file a claim with the National Vaccine Injury Compensation Program?

  It depends. If a person received a vaccine covered by the NVICP outside of the United States or its trust territories, he or she may be eligible for compensation if: (1) the person was, at the time of vaccination, a U.S. citizen serving abroad as a member of the Armed Forces or as an employee of the U.S., or a dependent of such a citizen; or (2) the vaccine’s manufacturer was located in the U.S. and the person returned to the U.S. within 6 months after the date of vaccination.

• Do you represent clients in my state?

  Yes. My Vaccine Lawyer represents clients in all fifty states and trust territories of the United States.

• How do I report a vaccine injury?

  The government created a vaccine safety documentation system called VAERS, which stands for Vaccine Adverse Event Reporting System. Ask your doctor, nurse, or health department to file a Vaccine Adverse Event Reporting System (“VAERS”) form. You can also call VAERS yourself at 1-800-822-7967.

• How long do I have to file my claim?

  Under federal law with the VICP, the statute of limitations 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 of the injured person's death and within four (4) years of their first symptom or onset of injury.

• How long does the entire process take?

  This process is designed to be quicker than civil litigation. A hearing on whether the vaccine caused the injury often occurs within two years. Cases that settle can conclude in as little as one year. However, depending on the complexity of your case, it could take two years or more for the claim to resolve.

• If my condition is not listed in the vaccine injury table can I still file a claim?

  Yes. As long as you receive a vaccine listed in the Vaccine Injury Table and the vaccine caused your illness, injury or severe reaction, you may file a claim and receive compensation.

• What damages can I recover?

  A vaccine claim may result in the following compensation:

  • Past and future medical care, custodial care, and rehabilitation costs;
  • Past and future lost earnings;
  • Up to $250,000 for pain, suffering, and emotional distress.

• Where does the compensation come from?

  Parties injured by vaccines are paid from the Vaccine Injury Trust Fund. This trust fund is supported by a tax on vaccine manufacturers. The manufacturers pay a tax on each dose of a vaccine that is put into circulation. Compensation for vaccine injury victims as well as attorneys’ fees and costs are paid by the trust fund. The amount in the fund fluctuates, but it usually contains over $3 billion.

• Why was the vaccine program created?

  In the early 1980’s, news reports of serious side effects from the DTP (Diphtheria, Tetanus, Pertussis) vaccine caused some to question the safety of the vaccine. Lawsuits were filed against vaccine manufacturers, doctors, and nurses. Some vaccine companies decided to stop making vaccines, which created vaccine shortages and threatened the public health. The potential crisis led to Congress enacting a new law to compensate those found to be injured by childhood vaccines. The new program, called the National Vaccine Injury Compensation Program, prevents civil lawsuits against vaccine manufacturers, doctors, nurses, and pharmacists. The program directs that all claims for vaccine injuries or illnesses be filed with the NVICP. The program took effect in 1988.

• Will I have to go to court?

  Probably not, but it is possible. Most vaccine cases are settled before trial. Since the Vaccine Court is located in Washington, D.C., it can be quite a distance from the injured party’s home. Therefore, the Special Master will sometimes allow the injured party to participate by videoconference or schedule the hearing at the nearest federal courthouse.